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2019 (4) TMI 1164 - AT - Income TaxDeduction u/s 80IB(10) on pro-rata basis - certain residential units had built up area in excess of prescribed limit of 1,000 sq.ft. - assessee had violated the provisions of section 80IB(10)(e) and 80IB(10)(f) - HELD THAT:- We find that Ld. CIT(A) had decided this ground in favour of assessee by relying upon the various judgments of Jurisdictional ITAT mentioned in its order and also the orders in assessee’s own case for AY 2012-13 wherein the claim of deduction had been allowed on pro-rata basis. Even during the year under appeal, the assessee had sold two flats and had worked the proportionate disallowance. Hence, CIT(A) had rightly directed the AO to disallow the claim of deduction on pro-rata basis of the two flats and allow the claim of deduction on the balance amount. No new facts or contrary judgments have been brought on record before us in order to controvert or rebut the findings so recorded by Ld. CIT(A). Therefore, there are no reasons for us to interfere into or deviate from the findings so recorded by the Ld.CIT(A). Hence, we are of the considered view that the findings so recorded by the Ld. CIT (A) are judicious and are well reasoned. Resultantly, this ground raised by the revenue stands dismissed.
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