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2017 (2) TMI 390 - BOMBAY HIGH COURT

2017 (2) TMI 390 - BOMBAY HIGH COURT - TMI - Deduction u/s. 80IB(1)- whether housing project 'Brahma Avenue' approved on 06.10.2000 which was still incomplete by 31.03.2008 in violation of section 80IB(10)(a)(i) of the Act? - Held that:- Tribunal hold that Brahma Avenue project is a different and independent project from the project of Brahma Estate. This finding of fact is not shown to be perverse in any manner. - On the basis of above facts, the impugned order placed reliance inter alia up .....

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RDER P. C. 1. These Appeals under Section 260A of the Income Tax Act, 1961 ('the Act') challenges the impugned order dated 31st July, 2013 passed by the Income Tax Appellate Tribunal ('the Tribunal'). The impugned order is a common order in respect of Assessment Year 2006-07 and 2007-08. 2. The Revenue has urged the following re-framed questions of law for our consideration: (1) Whether on the facts and circumstances of the case and in law, the Tribunal was justified in holding t .....

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law, the Tribunal was justified in not appreciating the fact that the project 'Brahma Majestic' had been approved as a housing project and the built up area of Commercial Units exceeded the prescribed limit of 2000 sq.ft., violating the provisions of Section 80IB(10)(d) of the Act? (3) Whether on the facts and circumstance of the case and in law, the Tribunal was justified in allowing the deduction u/s. 80IB(1) of the Act for A.Y. 2007-08 to the housing project 'Brahma Avenue' ap .....

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