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2018 (9) TMI 540 - HC - Income TaxProportionate deduction u/s 80IB(1) - existence of any provision for pro rata deduction in the statute - some of the flats violated the condition of not exceeding area of 1000 sq. `ft. and thus vitiating the whole project - Held that:- We did so as prima facie we were of the opinion that the substantial question raised in this Appeal was covered by a subsequent decision of a Division Bench of this Court in the case of Commissioner of Income Tax-6, Pune v/s Makwana Brothers and Co [2017 (11) TMI 684 - BOMBAY HIGH COURT]. On going through this decision in some detail, we find that though a similar question was raised in those Appeals, Mr. Kotangle argues that the question raised herein was decided on facts by relying upon the decision of another Division Bench in the case of Commissioner of Income Tax v/s Vandana Properties [2012 (4) TMI 54 - BOMBAY HIGH COURT]. We admit the Appeal on this substantial question of law reproduced above. The Registrar (Judicial) / Registrar, High Court, Original Side, Bombay to ensure that the original record in relation to this Appeal is summoned from the Tribunal and offered for inspection of the parties. This paper book is treated sufficient for the purpose of admission of this Appeal. However, the Registry must further ensure preparation of complete paper book in accordance with the Rules. The Registry, in the first instance, must send intimation of admission of this Appeal enclosing therewith a copy of this order so as to enable the Tribunal to act accordingly.
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