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2022 (3) TMI 533 - HC - Income TaxDeduction u/s 801B (10) - housing project is approved, with or without commercial user to the extent permissible under the Rules/Regulations - as per revenue deduction under Section 801B(10) is allowable only for a housing project and when the appellant had constructed a commercial cum residential blocks, they are not entitled for deduction - Whether Tribunal is right in law in holding that the appellant was not entitled to deduction under Section 80 IB of the Income Tax Act in respect of the housing project undertaken and constructed by it? - HELD THAT:- Appellant submitted that the questions of law raised in these appeals were already decided in favour of the appellant by case CIT Vs. Sarkar Builders [2015 (5) TMI 555 - SUPREME COURT]as held that when a housing project is approved, with or without commercial user to the extent permissible under the Rules/Regulations, then, deduction under Section 801B (10) would be allowed - if a project could be approved as a housing project having residential units with permissible commercial user, then it is not open to the income tax authorities to contend that the expression 'housing project' in Section 801B(10) is applicable to projects having only residential units. Also in Umakant Leasing and Financing Company vs. Deputy Commissioner of Income Tax [2012 (12) TMI 867 - GUJARAT HIGH COURT] wherein it was observed, the assessee withdrew the appeal filed before Tribunal on the ground that they have already obtained relief by way of rectification order passed by the Commissioner of Appeal. Subsequently, the Tribunal allowed the appeal filed by the Department and set aside the rectification order The impugned orders passed by the Tribunal are set aside. The matters are remanded to the Tribunal for passing appropriate orders on merits and also in the light of the decisions referred hereinabove. Such exercise shall be completed by the Tribunal as expeditiously as possible, after providing opportunity of hearing to the appellant.
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