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2020 (9) TMI 691 - AT - Income TaxDeduction u/s. 80IB(10) - principle of consistency - Pro-rata allotment - CIT(A) held that the project is a composite project and cannot be construed that the housing project and commercial establishments are separate projects and confirmed the order of AO in denying the deduction u/s. 80IB(10) - Whether deduction u/s. 80IB(10) of the Act should be automatically granted on pro-rata basis in respect of housing project completed by the assessee? - HELD THAT:- Coming to the decision of Hon’ble High Court of Bombay in the case of Paul Brothers [1992 (10) TMI 5 - BOMBAY HIGH COURT] [as pleased to hold when there was no change in the facts which were in existence during the initial assessment year, the claim of exemption cannot be withdrawn. In the present case as discussed above, the fact remains undisputed there was no change in the facts of the case as compared to earlier years. Therefore, in our opinion the decision on the principle of consistency laid down by the Hon’ble High Court of Bombay is clearly applicable to the present case. Revenue could not bring on record there was change in the facts of the case in the year under consideration compared to the facts of earlier years in assessee’s own case, thereby we hold that the assessee is entitled to claim deduction u/s. 80IB(10) of the Act on pro-rata basis by following the rule of consistency. Therefore, the order of CIT(A) is not justified. Accordingly, the additional ground raised by the assessee is allowed.
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