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2020 (12) TMI 59 - HC - Income TaxEntitlement for exemption u/s 80IB(10) on proportionate basis - ITAT allowed exemption on proportionate basis - whether ITAT was justified in not holding that all the units of the Appellant - assessee's housing project were compliant with Section 80IB(10), particularly in view of the fact that prior to 1/4/2010, there was no bar on adjacent units being sold to members of the same family? - HELD THAT:- In this case the approvals were obtained by the assessee from the Local Authorities and the planning Authorities for putting up a housing project having residential units of less than 1500 square feet. If thereafter the allottees combined two residential units, the deduction under Section 80IB(10) can never be denied to the assessee. The view taken by the Commissioner (Appeals ) and the ITAT is quite consistent with the view taken by the High Courts of Madras, Delhi, and Karnataka. It was pointed out that even the Special Leave Petition against the Madras High Court's decision was dismissed by the Hon'ble Supreme Court. Accordingly, there is no good ground to interfere with the view taken by the Commissioner (Appeals ) and the ITAT on the issue of proportionate deduction, at the instance of the Revenue, in these matters.
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