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2016 (12) TMI 1484 - BOMBAY HIGH COURT

2016 (12) TMI 1484 - BOMBAY HIGH COURT - TMI - Deduction u/s. 80IB (10) - Housing Project consisted of commercial area exceeding the maximum area of 2000 sq. ft. as prescribed under section 80IB(10) - Held that:- The issue has also now been concluded by the decision of the Apex Court in CIT Vs. Sarkar Builders [2015 (5) TMI 555 - SUPREME COURT] against the Revenue and in favour of the respondent-assessee wherein held the housing project contemplated under sub-section (10) of Section 80IB include .....

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rior to 01.04.2005 and completed by the stipulated date, though such stipulated date is after 01.04.2005. - Decided in favour of assessee. - Violation of Section 80IB(10)(c) - the enquiries made by the A.O. clearly established that the combining of the 3 flats are technically not feasible unless the necessary alteration in basic RCC structure of building is made and which can be made by the builder assessee itself and not by the purchaser - Held that:- The respondent-assessee had not sold 3 .....

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lats into 1 flat. In view of the above, concurrent finding of fact the question proposed does not give rise to any substantial question of law. Thus, not entertained. - Income Tax Appeal No. 1218 of 2014 - Dated:- 19-12-2016 - M. S. Sanklecha And A. K. Menon, JJ. Mr. Tejveer Singh for the Appellant Mr. Jitendra Jain a/w. Mr. Jas Sanghavi i/b PDS Legal for the Respondent ORDER P. C. 1. The appeal is filed under Section 260A of the Income Tax Act, 1961 (the 'Act') challenging the order 28. .....

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IB(10) of the Income Tax Act, 1961? 2. 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) on the issue of violation of Section 80IB(10)(c) when the enquiries made by the A.O. clearly established that the combining of the 3 flats are technically not feasible unless the necessary alteration in basic RCC structure of building is made and which can be made by the builder assessee itself and not by the purchaser? 3. Re .....

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