Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 1688 - ITAT PUNEDeduction u/s.80IB(10) on pro-rata basis - proportionate/pro-rata deduction - AO observed that the project was not a 6 floor project but each wing had 10 or 12 floors and 4 flats on each floor, whereas the assessee had taken permission and completion as on 31-03-2012 for only 72 flats, thus AO disentitled the assessee to the entire amount of deduction claimed u/s.80IB(10) - HELD THAT:-The factual recording made by the ld. CIT(A) that the assessee did not claim any deduction in respect of the flats which were not completed upto the year ending has not been controverted by the DR. AR submitted that the issue raised in these appeals is no more res integra in view of an order passed in the case of M/s. Om Associates [2018 (6) TMI 1581 - ITAT PUNE] the Tribunal has held the assessee to be entitled to pro-rata deduction u/s.80IB(10) in respect of the completed buildings. DR fairly conceded that the facts and circumstances of the instant appeals are mutatis mutandis covered by the aforesaid order of the Tribunal which, has been rendered in favour of the assessee. Respectfully following the precedent, we approve the view canvassed by the CIT(A) in the impugned orders. Revenue appeals are dismissed.
|