TMI Blog2016 (10) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax vs. Cajetano Mario Pereira [2014 (5) TMI 228 - BOMBAY HIGH COURT] that this Court had considered the permission – approval granted by the Village Panchayat for the housing project to be as one granted by the ‘local authority' in accordance with the provisions of Section 80IB(10) of the Act. - Decided in favour of assessee. - Income Tax Appeal No. 25 of 2016, Income Tax Appeal No. 26 of 2016 - - - Dated:- 24-10-2016 - Vasanti A. Naik And Kum. Indira Jain, JJ. For the Appellant : Anand Parchure, B. Mohata, For the Respondent : K. P. Dewani ORDER Since the questions involved in these Income Tax Appeals are identical and since the appeals pertain to the eligibility of the assessee for deduction under Section 80IB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of one acre of plot. According to the Assessing Officer, the assessee had not submitted the relevant documents for proving that the approval was granted by the Gram Panchayat, Besa for the development of one acre of plot. Being aggrieved by the orders of the Assessing Officer, the assessee filed two separate appeals before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) allowed the appeals filed by the assessee and held that the assessee was entitled for deduction under Section 80IB(10) of the Act. Being aggrieved by the orders of the Commissioner of Income Tax (Appeals), the appellant Revenue filed two separate appeals before the Income Tax Appellate Tribunal that were dismissed by the order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Authorities, the conditions that were required to be satisfied for seeking deduction under the provisions of Section 80IB (10) of the Act were satisfied in the case of the assessee and, therefore, the Assessing Officer had committed an error in holding that the assessee was not entitled to deduction under the said provision. We find that the findings recorded by the Income Tax Appellate Tribunal and the Commissioner of Income Tax (Appeals) are based on a proper appreciation of the material on record and they do not give rise to any substantial question of law. The submission made on behalf of the appellant Revenue that in similar matters in respect of other development projects, this Court has admitted the appeals on two substanti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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