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2022 (12) TMI 229 - AT - Income TaxDeduction u/s 80IB(10) - proportionate deduction - AO was of the opinion that since the project was not completed in its entirety till 31.03.2012, the condition stipulated u/s 80IB(10) has been violated - CIT(A) allowed the claim - HELD THAT:- Issue is squarely covered by the judgment delivered by the Jurisdictional High Court in the case of CIT vs. B.M. & Bros., [2013 (10) TMI 290 - GUJARAT HIGH COURT] wherein the identical situation of the assessee's claimed u/s 80IB(10) was allowed with respect to only those units of the 'housing project', which were approved and construction have been completed prior to 31.03.2008. No justification in interfering with the order passed by the Ld. CIT(A) in allowing the claim of deduction under Section 80IB(10) on the units which are mentioned in the permissions issued by BU certifying completion as made by the assessee without any ambiguity so as to warrant interference. Hence, the Revenue's appeal is, thus, dismissed.
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