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2017 (2) TMI 1116 - AT - Income TaxDeduction u/s 80IB(10) denied - non-fulfillment of conditions with respect to built up area - Revenue is in appeal against the order of CIT(A) in allowing prorata deduction under section 80IB(10)where the built up area of two dwelling units exceeded the limits prescribed - Held that:- As decided by Tribunal in assessee’s own case for assessment year 2009-10 the assessee eligible for pro-rata deduction as any project where some of residential units exceeded the built up area then also proportionate deduction is to be allowed to the eligible units. In view thereof, we find no merit in the grounds of appeal raised by the Revenue against the order of CIT(A) in allowing proportionate deduction. However, since the assessee is held to be entitled to claim the deduction on the two units as projections and open terrace are not to be included in built up area for such projects which were sanctioned before 01.04.2005, the assessee is held to be entitled to claim the deduction on such units also and consequently, where all the units of project are eligible units, the assessee is entitled to the deduction claimed under section 80IB(10) of the Act in respect of whole project. Accordingly, we hold so. The grounds of appeal raised by the Revenue are thus, dismissed and the Cross Objections filed by the assessee are allowed.
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