2012 (10) TMI 679

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.... R PER BENCH, The present appeals are filed against the orders dt.01-02-2011 of the CIT(A)- 39, Mumbai on the following Grounds of Appeal: "On the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in directing the Assessing Officer to allow proportionate deduction of 80IB(10) on flats which are having built up area of below 1000 sq. ft. "On the facts and i....

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....17-10-2008 for the AY 2002-03 to 2007-08. In response to that, assessee filed returns of income as under: Assessments were finalized by the Assessing Officer (AO) u/s. 143(3) (3) r.w.s. 153(A) of the Act. S.No A.Y. Income declared as per Original Return (Rs) Date of filing of Original Return Income Returned u/s. 153A (Rs.) Date of filing 1. 2004-05 3,81,82,450 30-10-2....

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..... 80IB(10) assessee had shown the single flat as several flats (two or three) and had shown each flat with built-up area less than 1,000 Sq. Ft., that Tribunal in various decisions had held that the assessee will not lose benefit u/s. 80IB(10) for whole project if a few of the flats were more than 1,000 Sq. Ft., He held that assessee was eligible for deduction 80IB(10) on proportional basis for th....

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....enefit, that customers had converted flats into bigger flats, that assessee had not constructed any flat more than 1,000 Sq. Ft., that FAA was legally correct in allowing proportionate benefit. He relied upon the cases of Sheth Developers (P) Ltd., [33 SOT 277 (Bom)]; Ekta Housing P. Ltd., Mumbai (ITA No. 3649/Mum/2009); Jahangir HC Jahangir, Mumbai (ITA No. 2050/Mum/2009); Mr. Johar Hassan Zojwal....