High Court admits appeals on deduction under section 80IB(1) in income tax appeals.

The High Court of Bombay admitted appeals based on a substantial question of law regarding the deduction under section 80IB(1) in income tax appeals. The court found the question of law to be substantial and directed the Registrar to summon the original record for inspection. The court deemed the provided paper book sufficient for admission and ordered the appeal to be heard alongside a similar case from 2012, with the respondent-assessee waiving service.

---

---

Issues:
Admission of appeals based on substantial question of law regarding deduction under section 80IB(1) in income tax appeal.

Analysis:
The High Court of Bombay, comprising S.C. Dharmadhikari and A.K. Menon, JJ., considered the order dated 20th March, 2013, in Income Tax Appeal No.43 of 2012, which admitted a similar question of law. The court, following the same and deeming the question of law to be substantial, proceeded to admit the appeals based on the question: "Whether the Tribunal was justified in allowing the proportionate deduction u/s 80IB(1) in absence of any provision for pro rata deduction in the statute and despite some flats violating the condition of not exceeding 1000 sq. ft., thereby affecting the entire project." The court directed the Registrar, High Court, Original Side, Bombay to ensure the original record related to the appeal is summoned from the Tribunal for inspection by the parties. The paper book provided was deemed sufficient for admission, with further instructions for the Registry to prepare a complete paper book as per rules. Additionally, the court ordered that the appeal be heard alongside Income Tax Appeal No.43 of 2012, with Mr. Kharawalla waiving service on behalf of the respondent-assessee.

---