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TMI Blog2021 (10) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... wal ORDER PER BENCH : These two appeals preferred by the Revenue emanates from the different orders of the Ld. CIT(Appeal), Pune-1 dated 12.09.2017 for the assessment years 2010-11 & 2011-12 as per the grounds of appeal on record. 2. The only issue raised in these appeals are whether proportionate deduction u/s.80IB(10) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Paras 21 & 22, he has given reasoning for his decision that in respect of some of the units, the built up area was more than 1500 sq. ft. but that does not mean that deduction u/s.80IB(10) of the Act should be disallowed in respect of the entire project. Meaning thereby, the assessee was entitled to get proportionate deduction as claimed under the said provisions. The Ld. CIT(Appeal) has given the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 500 sq.ft. on account of terrace garden as discussed above......" 6. We find in the case of Devashri Nirman LLP Vs. Assistant Commissioner of Income Tax, Panaji Goa, (2021) 124 taxmann.com 125 ( Bombay), the facts before the Hon"ble High Court was that the assessee filed its return claiming deduction u/s.80IB (10) of the Act. The Assessing Officer denied the same on the ground that area of five r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal) that in respect of some units, the built up area exceeds 1500 square feet on account of terrace garden as discussed in his findings. However, therefore, the Assessing Officer was directed to allow proportionate deduction u/s.80IB (10) of the Act in respect of "Sapphire Park" project after excluding the units where built up area exceeds 1500 square feet on account of terrace garden. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITA No.2938/PUN/2017 A.Y. 2010-11 10. Since parties herein have agreed that in ITA No.2938/PUN/2017 for assessment year 2010-11, the facts are absolutely similar, issues common as with the facts and issues appearing in ITA No.2939/PUN/2017 for assessment year 2011-12, therefore, our decision rendered in ITA No.2939/PUN/2017 for the assessment year 2011-12 shall apply mutatismutandis to ITA No.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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