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2021 (11) TMI 534 - HC - Income TaxDeduction u/s 80IB(10) - Mandation of housing project should be on a plot of land which has a minimum area of 1 acre - Denial of deduction as four housing projects sanctioned by the Mangaluru City Municipal Corporation in the individual name of partners in a size of a plot of land which is more than one acre - tribunal as relying on case of Vandana Properties [2012 (4) TMI 54 - BOMBAY HIGH COURT] has held that as long as housing projects are approved by the local authorities, on a plot of land having minimum of one acre, irrespective of the number of housing projects, the assessee is entitled for deduction under Section 80IB (10) of the Act. - HELD THAT:- This ruling of Hon’ble High Court of Mumbai is squarely applicable to the facts of the present case. We concur with the said ruling. In the case of Dilip Kumar & Company [2018 (7) TMI 1826 - SUPREME COURT] referred to by the learned counsel for the revenue, the Hon’ble Apex Court has considered the exemption notification and in that context, it has been held that exemption notification should be interpreted strictly and the burden of proving applicability would be on the assessee to show that his case comes within the parameters of the exemption notification. With great respect, this finding of the Hon’ble Apex Court would not come to the aid of the revenue to deny the deduction under Section 80IB(10) of the Act for the reasons that four projects of the assessee firm are sanctioned by the local authority in more than one acre. The reading of the provision by the revenue has misdirected itself in giving the narrow meaning to the provision which otherwise would render the provision otiose or redundant. No substantial question of law would arise for consideration, when the matter is adjudicated on the factual aspects which would contain the characteristic of a pure question of facts rather any question of law much less the substantial question of law.
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