2014 (11) TMI 610

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..... dhakar,J.) This Tax Case (Appeal) is filed by the Revenue as against the order of the Income Tax Appellate Tribunal raising the following substantial questions of law: "1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled for deduction under Section 80IB when the assessee is not the owner of the property and had executed a .....

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..... n of building permission separately for each of the plots measuring less than 1 acre?" 2. The assessment in this case relates to the assessment year 2007-2008. 3. The issues involved in this Tax Case (Appeals) that whether the assessee is entitled for deduction under Section 80IB(10) of the Income Tax Act have already been decided by this Court in T.C.(A)Nos.581 & 582 of 2011 and 314 & 315 of 20 .....

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..... sitation in confirming the order of the Tribunal. In the light of the above-said facts, we reject the Revenue's appeal." It is also held that the assessee is entitled to deduction in respect of the built up area exceeding 1500 sq.ft. on a proportionate basis. Accordingly, all the questions have been dealt with by this Court in the decision dated 01.11.2012. 4. Hence, following the above-said .....

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