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2019 (1) TMI 465 - AT - Income TaxDisallowance of deduction claimed u/s 80IB - claim of the assessee on “pro rata” basis - requirement of section 80IB (10)(c) is not satisfied with respect to the specified area of the residential units - AO held that only 72 out of 122 residential units in one project and 128 out of 154 residential units in another projects satisfy that condition - Held that:- The assessee has constructed two housing projects which are eligible for deduction u/s 80 IB. In the “Impression Vasundhara” project there were 122 residential unit out of which 50 units has the built up area exceeding 1000 ft². In the project “Impressions 58” has 154 residential units out of which 26 units exceeds the built up area of 1000 ft². Therefore the learned assessing officer was of the view that assessee is not eligible for deduction u/s 80 IB of the income tax act. Hence, disallowance of INR 19887408 was made. CIT(A) allowed the claim of the assessee following the decision of the coordinate bench in assessee”s own case for assessment year 2009 – 10, which has also been upheld by the Hon”ble Delhi High Court in [2015 (7) TMI 1302 - DELHI HIGH COURT] as held that the provision is capable of being construed in a manner that is beneficial to the assessee by allowing the deduction on “pro rata” basis to the number of residential units that have complied with the requirement of section 80 IB of the maximum built up area. No infirmity in the order of the learned CIT(A) and direct the learned assessing officer to allow the claim of the assessee on “pro rata” basis as directed by the Hon”ble Delhi High Court in assessee”s own case for earlier years. - Decided against revenue
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