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2017 (3) TMI 1821 - HC - Income TaxProportionate deduction u/s.80IB - profits attributable to the units where the built-up area is below 1500 sq.ft. even when no such apportionment is prescribed under the provisions of the Act - Whether Tribunal was justified in law in holding that the assessee is entitled to claim deduction under section 80IB in respect of profits derived from the sale of residential units, wherein the built up area is below 1500 sq.ft. ? - HELD THAT:- Revenue is unable to dispute that the Tribunal in the impugned order has relied upon its earlier decision in the case of M/s. S J R Enterprises [2009 (8) TMI 953 - BANGALORE TRIBUNAL COURT] which has been not interfered with by this Court in the above referred [2012 (3) TMI 615 - KARNATAKA HIGH COURT], the present appeals are squarely covered by the decision of this Court - No substantial questions would continue to remain, but even if the questions are to be examined, they would stand answered against the revenue and in favour of the assessee
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