TMI Blog2012 (11) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as the Revenue have filed appeals as against the common order of the Income Tax Appellate Tribunal relating to the assessment years 2006-07. 2. As far as Revenue's Appeals (T.C.(A)No.585 of 2011) is concerned, at the time of admission, following substantial questions of law were admitted by this Court for consideration: 1.Whether on the facts and circumstances of the case, the tribunal was right in deciding the eligibility of deduction without considering the mandatory conditions stipulated u/s.80IB and 80IB(10) of the I.T.Act? 2. Whether on the facts and circumstances of the case, the Tribunal was right in not giving any finding about the difference between developers, builders and construction contracts to claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee had complied with the condition of submission of completion certificate from local authority within the time limit as per the provisions of Section 80IB(10)(a) of the Income Tax Act? 3. Whether on the facts and in the circumstances of the case, the Tribunal was right in that the assessee is entitled for the deduction under Section 80IB(10) for the housing project with respect to residential flats with built up area not exceeding 1500 sq.ft. even though in the same housing project, the assesseee had constructed flats exceeding built up area of 1500 sq.ft.? 4. Whether on the facts and in the circumstances of the case, the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rendered in T.C. Nos. 581, 1186 of 2008 and 136 of 2009 - CEEBROS HOTELS PVT LTD v. DEPUTY COMMISSIONER OF INCOME TAX dated 19.10.2012 and accordingly, the order the Tribunal is set aside. The assessee's appeal viz., T.C.(A).No. 318 of 2012 stands allowed holding that the open terrace area cannot form part of the built up area, in the result, the assessee would be entitled to deduction under Section 80-IB(10) of the Act. No costs. 8. Even though learned standing counsel for the Revenue raised additional grounds regarding the principle of proportionality for grant of relief, yet, we find by reason of exclusion of open terrace area into the built up area, application of proportionality theory does not arise. In the circumstances, we f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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