2011 (4) TMI 1379

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....ppeal by the Revenue is against the order of the CIT(A) XXIII, Mumbai dated 15th July 2009 in which the Revenue is contesting the allowance of deduction under section 80IB(10) disallowed by the A.O. but granted by the CIT(A) following the decision of the ITAT in the case of Saroj Sales Organisation vs. ITO 3 DTR (Mum) 494. 2. The facts of the case are that the assessee is a builder and developer ....

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....ct was approved as housing project by the local authorities before 31.03.2005 the deduction under section 80IB(10) was allowable for the entire project and no disallowance will be made on account of commercial shops included in it, which in fact were less than 5% of the entire housing project. Revenue has raised grounds that assessee is not eligible for deduction under section 80IB(10) relying on ....

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.... a housing project. There is no dispute that all the dwelling units in various wings of block N contained units of less than 1000 sq.ft. It is not open to the Revenue to include building no. 1 having wings 'A' & 'B' of which the dwelling units were more than 1000 sq.ft. as part of the block 'N' project merely to deny the statutory relief which the assessee is entitled to the eligible housing proje....

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....ts were approved before 31/3/2005 and for such projects, which were so approved, there was no stipulation as to the shopping complex area is permissible in the project. The amendments were subsequently made while extending the deduction of income from housing project approved upto 31/3/2007 and the denial of deduction is clearly not in accordance with law". 4. The decision of the ITAT in the case....