TMI Blog2019 (6) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... n, we are of the view that the deduction u/s 80IB(10) cannot be denied to the assessee. We therefore direct the AO to allow the deduction on the entire project. Thus the grounds of the assessee are allowed. Revenue has not pointed out any distinguishing feature in the facts of the present case and to that of assessee s own case in A.Y. 2010-11 nor has placed any material on record to demonstrate that the decision of Pune Tribunal in assessee s own case in A.Y. 2010-11 [ 2017 (11) TMI 116 - ITAT PUNE] which has been relied upon by Ld.CIT(A) has been set aside / overturned or stayed by Higher Judicial Forum. In view of the aforesaid facts, we find no reason to interfere with the order of Ld.CIT(A) and thus the grounds of Revenue are dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... total income of ₹ 39,89,550/- after claiming deduction of ₹ 3,62,38,796/- u/s 80IB(10) of the Act. It was noted that assessee had claimed deduction u/s 80IB(10) of the Act in A.Y. 2010-11 which was disallowed by the AO. Since the assessee had claimed deduction u/s 80IB(10) of the Act for the same project in A.Y. 2011-12, AO after recording the reasons, issued notice u/s 148 of the Act on 01.07.2013 which was served on the assessee. Thereafter, the case was taken up for scrutiny. Subsequently, assessment was framed u/s 143(3) r.w.s. 147 of the Act vide order dated 03.03.2015 and the total income was determined at ₹ 4,02,28,750/- by denying the claim of deduction u/s 80IB(10) of the Act. Aggrieved by the order of AO, assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct are not eligible for deduction and he accordingly denied the claim of deduction u/s 80IB(10) of the Act amounting to ₹ 3,62,38,796/- for the entire project. Aggrieved by the order of AO, assessee carried the matter before Ld.CIT(A), who following the decision of his Predecessor for A.Y. 2010-11 noted that assessee had fulfilled the other conditions stipulated u/s 80IB(10) of the Act regarding the area of the plot, having commercial area within the limits etc. and therefore assessee was entitled for deduction u/s 80IB(10) of the Act on pro-rata basis with respect to the blocks and units satisfying the conditions stipulated u/s 80IB(10) of the Act. He accordingly granted proportionate deduction to the units/flats which were having ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 1015/PUN/2015 order dated 27.10.2017) upheld the order of Ld.CIT(A) by observing as under : 8. We have heard the rival submissions and perused the material on record. The issue in the present case is with respect to denial of deduction u/s 80IB(10) of the Act. We find that the claim of assessee of deduction u/s 80IB(10) for the entire project was disallowed by AO for the reason that out of the total 149 flats built by assessee, 10 flats were having area of more than 1500 sq ft. We find that while deciding the issue, Ld CIT(A) has given a finding that the project was on a plot area of 13400 sq mtrs (i.e.3.31 acres) which was more than 1 acre, approval from the competent authority for commencement of present project was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities are not counted by any Corporation in the built-up area calculations and the projections was not utilizable from inside and neither it was added to the carpet area nor it was in habitable nature. The findings namely that the projections are external projections, it is for the purpose of aesthetic beauty of the building, are not habitable and not utilizable from inside and all allowed by the Corporation and not considered by them for the purpose of calculating the area of the flat, has not been controverted by the Revenue. In such a situation, we are of the view that the deduction u/s 80IB(10) of the Act cannot be denied to the assessee. We therefore direct the AO to allow the deduction on the entire project. Thus the grounds of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /PUN/2017 for A.Y 2012-13. 11. As far as the grounds raised in appeal in ITA No.1440/PUN/2017 for A.Y. 2012-13 are concerned, in view of the submission of both the parties that the facts of the case in the year being identical to the facts and issue of the case in ITA No.1439/PUN/2017 for A.Y. 2011-12, we therefore for the reasons stated herein while disposing of the appeal in ITA No.1439/PUN/2017 for A.Y. 2011-12, and for similar reasons, dismiss the grounds of Revenue. Thus, the appeal of Revenue in ITA No.1440/PUN/2017 for A.Y. 2012-13 are dismissed. 12. To sum up, both the appeals of Revenue are dismissed. Order pronounced on 11th day of June, 2019. - - TaxTMI - TMITax - Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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