TMI Blog2016 (12) TMI 1484X X X X Extracts X X X X X X X X Extracts X X X X ..... ME COURT] against the Revenue and in favour of the respondent-assessee wherein held the housing project contemplated under sub-section (10) of Section 80IB includes commercial establishments or shops also. Now, by way of an amendment in the form of Clause (d), an attempt is made to restrict the size of the said shops and/or commercial establishments. Therefore, by necessary implication, the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having an area of excess of 1500 sq. ft. In fact, it renders a finding of fact that the respondent-assessee had sold 3 independent flats to one buyer, namely, Dr. Oomer K. George. Further before the Authority, Dr. Oomer K. George has also filed evidence affirming that he has purchased 3 flats and combined them all into 1 flat, after purchase. Dr. Oomer K. George also further pointed out that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law for our consideration: 1. Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in allowing the deduction u/s. 80IB (10) when the Housing Project consisted of commercial area exceeding the maximum area of 2000 sq. ft. as prescribed under section 80IB(10) of the Income Tax Act, 1961? 2. Whether on the facts and in the circumstances of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 375 ITR 392 against the Revenue and in favour of the respondent-assessee. In the above view, question No.1 does not give any rise to the substantial question of law. 4. Regarding question No.2 The impugned order of the Tribunal while dismissing the Revenue's appeal upheld the order dated 07.06.2012 of the Commissioner of Income Tax (Appeals). On the facts the CIT (Appeals) as well as Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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