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2022 (5) TMI 743

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..... t obtained from the local authority by 31.03.2008 owing to non-completion of the said building by the due date - assessee had projects in Sector 1 and Sector 7, for which development charges were paid as a single unified project but AO jettisoned the contention of the assessee that the projects on Sector 1 and Sector 7 were different and rejected the assessee‟s contention for giving proport .....

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..... the Act in respect of Sector 7 project on proportionate basis.- Decided against revenue. - ITA Nos.645 to 650/PUN/2019 And ITA Nos.651 to 653/PUN/2019 - - - Dated:- 13-5-2022 - Shri R.S. Syal, Vice President And Shri Partha Sarathi Chaudhury, Judicial Member For the Assessee : Shri Krishna Gujarathi For the Revenue : S/Shri Sardar Singh Meena And Suhas Dabade ORDER This bat .....

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..... which divulged that construction of some of the buildings was going on. He further noted that the claim of the assessee for the deduction was disallowed for the A.Ys. 2006-07 and 2007-08 mainly on the ground that the completion certificate was not obtained from the local authority by 31.03.2008 owing to non-completion of the said building by the due date. The AO further observed that the assessee .....

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..... e Revenue were dismissed. Following the same, he held that both the projects were separate and the assessee was entitled to claim deduction on proportionate basis in respect of project at Sector 7. The assessee is aggrieved by not allowing deduction u/s 80IB(10) of the Act in entirety in respect of Sector 7 project, whereas the Revenue has challenged the action of ld. CIT(A) in allowing the deduct .....

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..... deduction u/s 80IB(10) of the Act in respect of Sector 7 project on proportionate basis. A.Ys. 2011-12, 2012-13, 2014-15 to 2016-17 4. Both the sides are in agreement that the facts and circumstances of the cross appeals are similar to those already considered and decided by the Tribunal in its order for the A.Ys. 2006-07, 2007-08 and 2009-10. The ld. CIT(A) has also followed the said o .....

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