2022 (1) TMI 1157

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..... batch of four appeals by the Revenue relating to the assessment years 2012-13 to 2015-16 arise out of a common order passed by the CIT(A)-12, Pune on 13-11-2018. Since all these appeals are based on similar facts and common grounds, we are, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience. A.Y. 2012-13 : 2. The only issue raised in this appeal is .....

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..... sold to Ms. Neelima Rane in violation of the provisions of section 80IB(10)(f). The AO held that the assessee was not eligible for deduction u/s.80IB(10) in entirety because of the violation in selling two flats to one person. The ld. CIT(A) upheld the assessee's contention by holding that deduction u/s.80IB(10) was to be allowed on proportionate basis in respect of the portion of the total proje .....

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..... deduction u/s.80IB(10) on reduced amount. The view taken by the ld. CIT(A) accords with the judgment of the Hon'ble jurisdictional High Court in M/s. Kamat Constructions Pvt. Ltd. Vs. ACIT (2020) 429 ITR 609 (Bom.) in which identical facts were involved and the Hon'ble High Court approved the granting of deduction on proportionate basis. We, therefore, accord our imprimatur to the view taken by th .....

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