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of <h1>Tribunal affirms deduction under Section 80IB(10) for compliant units, rejects Revenue's challenge.</h1> The Tribunal upheld the CIT(A)'s decision allowing proportionate deduction under Section 80IB(10) for units meeting the criteria of Section 80IB(10)(c), ... Proportionate deduction u/s 80IB(10) - units where the area has not exceeded the limit as prescribed under Section 80IB(10)(c) - HELD THAT:- As relying on assessee's own case for earlier AYs [2014 (1) TMI 103 - ITAT MUMBAI] and [2014 (9) TMI 1009 - ITAT MUMBAI] in order to maintain consistency with the decision of the Coordinate Bench we hereby uphold the order of the CIT(A) upholding the proportionate allowance of deduction under Section 80IB(10) in respect of those units satisfying the conditions of section 80IB(10)(c) of the Act and resultantly the appeal of the Revenue is dismissed Issues:Revenue's appeal against CIT(A)'s order for A.Y. 2011-12 - Allowance of proportionate deduction under Section 80IB(10) of the Income Tax Act, 1961.Analysis:The Revenue challenged the CIT(A)'s direction to allow proportionate deduction under Section 80IB(10) of the Income Tax Act, 1961, for units meeting the conditions of Section 80IB(10)(c). The appellant contended that previous decisions favored the assessee, citing cases from ITA No. 3276/Mum/2010 and ITA Nos. 3316 & 3318/Mum/2012. The learned D.R. concurred with the A.R.'s argument, acknowledging the issue's alignment with prior decisions.Upon reviewing the material and past decisions, the Tribunal found similarities with previous assessment years where the assessee prevailed based on the Coordinate Bench's rulings. The Tribunal referred to a detailed analysis from ITA Nos. 3316 & 3318/Mum/2012, emphasizing that Section 80-IB(10) allows deduction for the entire approved project, not just a part. The Tribunal highlighted the importance of meeting all conditions precedent for deduction eligibility, especially regarding Section 80-IB(10)(c) which pertains to residential units in the housing project.In line with the Coordinate Bench's decisions, the Tribunal upheld the CIT(A)'s order allowing proportionate deduction under Section 80IB(10) for units meeting the requirements of Section 80IB(10)(c). The appeal by the Revenue was consequently dismissed. The judgment maintained consistency with previous decisions and emphasized the significance of fulfilling all conditions for claiming deductions under the Income Tax Act, 1961.
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