9911796707
TMI Blog2012 (10) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the assessment was completed after partly disallowing deduction u/s 80IB(10) of the Income Tax Act, 1961 (the Act) at an income of ₹ 63,12,940/- vide assessment order dtd. 27-12-2010 passed u/s 143(3) of the Act. On appeal, the ld. CIT(A) while allowing substantial relief to the assessee partly allowed the appeal. 3. Being aggrieved by the order of the ld. CIT(A) the Revenue is in appeal before us. 4. Ground No. 1 is against the deletion of disallowance of deduction u/s 80IB(10) of the Act on car parking charges of ₹ 15,53,500/-. 5. Brief facts of the above issue are that it was disallowed by the A.O. on the ground that the income received on sale of car parking space is not includible in the eligible profit for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004-05 dtd. 28-10-2009 has held vide para 12 of the order as under:- "As regards ground No. 2 of the revenue, relating to the income from car parking spaces, we agree with the finding of the CIT(A) that they are the integral part of the housing project and hence it is to be included for deduction u/s 80IB(10) of the Act. In the result, ground No. 2 is allowed." The above order has been followed by the Tribunal in the subsequent assessment years i.e. 2005-06 and 2006-07. In the absence of any distinguishing feature brought on record by the Revenue, we respectfully following the consistent view of the Tribunal, decline to interfere with the order passed by the ld. CIT(A) on this account and accordingly the ground taken by the Revenue is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. At the time of hearing the ld. D.R. supports the order of the A.O. 12. On the other hand, the ld. Counsel for the assessee files details of miscellaneous income. The ld. Counsel for the assessee while referring to the details of miscellaneous income i.e. Development charges ₹ 1,185,562/-, Corpus fund charges ₹ 1,270,245/-, legal charges ₹ 351,000/-, Society formation charges ₹ 351,000/-, water, electric & other deposits ₹ 825,500/- totalling to ₹ 3,983,307/- (-) paid to Bindu Land Developers & Builders ₹ 1,006,927/- = 2,976,380/- submits that this issue is also covered in favour of the assessee by the decision of the Tribunal in the case of I.T.O. vs. M/s Pathare & Associates in ITA No. 1211/M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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