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2019 (3) TMI 1132 - AT - Income TaxDisallowance of deduction u/s.80IB(10) - appellant’s housing project has not fulfilled the conditions laid down in se.80IB(10)(c) i.e. area of residential units of row house were exceeds 1500sq. feet as admitted by the assessee during assessment proceedings although row houses are part of the project - entire housing project to be treated as single unit - CIT-A deleted the addition holding that the AO has in the current assessment year not brought anything new against the assessee and the claim of deduction u/s.80IB - HELD THAT:- In Vishwas Promoters Ltd. [2012 (11) TMI 1117 - MADRAS HIGH COURT] it was held that the s. 80IB deduction on construction of a housing project on a plot having area of one acre is available, irrespective of fact that other housing projects exist on said land. In the present case, it is not an allegation of the AO that the housing project has been build or develop on a land having area of less than one acre, but he denied the deduction on the allegation that entire housing project to be treated as single unit which is not correct and justified in view of the conclusion arrived by us in the earlier part of this order. AO disallowed the claim by taking a hyper technical approach and on his own whims and surmises which is clearly by the scheme and mandate of provision of u/s. 80IB(10) of the Act - No ambiguity, perversity or any other valid reason to interfere with the findings arrived by the CIT(A) in dismissing the allegations and contentions of the AO and in allowing deduction u/s 80IB(10) of the Act to the assessee on the amount accrued to him on sale of flats measuring less than 1500 sq.ft. per unit. Considering the totally of facts and in the light of the above decision of Tribunal in the case of the assessee itself, we find that the issue is covered by the decision of ITAT in favour of the assessee and no reason to deviate with the finding of CIT(A), accordingly same is upheld. - Decided against revenue.
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