TMI Blog2013 (10) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Appellant : Mr. Pranav G. Desai, Advocate ORDER (Per : Honourable Mr. Justice M. R. Shah) 1. The present Tax Appeal has been preferred by the appellant-revenue challenging the impugned judgment and order dated 19/04/2013 passed by the ITAT, Rajkot Bench, Rajkot in ITA No. 13/Rjt/2012 for the Assessment Year 2008-09 by which the tribunal has dismissed the appeal preferred by the revenue confirming the order passed by the CIT(A) granting benefit under Section 80IB(10) of the Income Tax Act (hereinafter referred to as the Act ) with respect to those units of housing project approved and constructed prior to 31/03/2008. 2. The revenue has proposed the following substantial question of law; Whether the ITAT is justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act with respect to those units of the housing project , which were approved and constructed prior to 31/03/2008. 3.2. Being aggrieved and dissatisfied with the order passed by the CIT(A), the revenue preferred appeal before the ITAT and by impugned judgment and order ITAT has dismissed the appeal confirming the order passed by the CIT(A). Being aggrieved and dissatisfied with the impugned judgment and order passed by the ITAT, the revenue has preferred the present Tax Appeal with the aforesaid proposed substantial question of law. 4. Shri Pranav Desai, learned Counsel appearing on behalf of the revenue has vehemently submitted that the tribunal has materially erred in granting the deduction under Section 80IB(10) of the Act even wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing deduction u/s. 80IB(10) by the A.O. appears to be the averment of the A.O. that the assessee has taken 69 approvals for construction and therefore it could not be construed approval for the entire project. The A.O. is of the view that S. 80IB(10) Explanation (i) envisages approval to be obtained for such housing project, but does not envisage multiple approval or approvals in piecemeal manner. The A.O. is also of the view that Section 80IB(10) uses the word approval and not approvals for housing project. Accordingly, the A.O. came to conclusion that the assessee has failed to fulfill the basic conditions laid down in Section 80IB(10) and that is why the claim of deduction was disallowed. However, the above contentions of the A.O. is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lled or not? Here, in the case of appellant, the housing project lay out plan has been approved by the Assistant Town Planner to RMC on 30/03/2002 as also by the Collector, Rajkot on 17/04/2002, which is much before the date 01/04/2004 which is the cut-off date. As far as the date of commencement is concerned, it has no relevance under the provisions of Section 80IB(10) of the Act because the provisions only speak about the approval or date of completion. As far as the condition of the area of project is concerned it should be more than one acre, here in the case of appellant the project Maninagar having 119 units was constructed on an area of 3.33 Acres. Similarly, the condition regarding built up area per unit should be less than 1500 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... These factors also indicate that it is a residential housing project known as Maninagar having composite residential units. The appellant also relied on the decision in the case of Vandana Properties [27 DTR (MUM) 282 (2009)], wherein it has been held by the Hon ble Tribunal that the approval for separate buildings can be granted and that will not effect the claim of the assessee u/s. 80IB(10) of the Act. Moreover, the Hon ble ITAT, Bangalore in the case of Brigade Enterprises (P) Ltd. (119 ITJ 269) has held that although separate approvals are obtained for different units, if particular unit satisfied the conditions of Section 80IB(10) deduction is to be granted. Therefore, keeping in view all the facts of the case and the legal issue in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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