TaxTMI 
TaxTMI 
2016 (9) TMI 295
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....Act') impugning a common order dated 12th November, 2015 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA Nos.5373, 4031 & 4032 pertaining to Assessment Years ('AY') 2007-08, 2008-09 and 2009-10 respectively. 3. The said appeals (ITA Nos. 5373, 4031 & 4032) were filed by the Revenue against the orders dated 28th June, 2013, 13th March, 2013 and18th March, 2013 passed by the Commissioner of Income Tax (Appeals) [CIT(A)] allowing the Assessee's respective appeals for AYs 2007-08, 2008-09 and 2009-10 against the disallowance of deduction under Section 80IB(10) of the Act in respect of two of its projects, namely, "Omaxe Grandwoods (GH-03) Noida" and "Omaxe Palm Greens-I, Greater Noida". 4. In these appe....
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....n 80IB of the Act; according to the AO, the Assessee was claiming deduction with respect to certain buildings which were a part of housing projects and did not qualify to be termed as separate housing projects. 8. The AO held that the project 'Omaxe Grandwoods Noida' was a singular housing project spanning over 29.41 acres consisting of units developed to plots of land shown as GH-01, GH-02 and GH-03. Admittedly, the towers constructed on plots marked as GH-02 and GH-03 did not confirm to the conditions as stipulated under Section 80IB(10) of the Act. Since, according to the AO, the development on land marked as GH01, GH-02 and GH-03 formed a part of a singular housing project, he concluded that deduction under ....
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....envisaged its separate common facilities and amenities. The land allotted for housing scheme GH-01, GH-02 and GH-03 measured 119020.12 sq. mtrs. (29.41 acres) out of which the plot relatable to GH-03 measured 8.4 acres. On the aforesaid basis, the CIT(A) accepted the Assessee's contention that the GH-03 qualified as a separate housing project and complied with all the conditions as specified under Section 80IB(10) of the Act. The CIT(A) held that the common approval for the three schemes as demarcated on the plan with independent facilities would not in any manner dilute the position that the three housing schemes on separate plots earmarked as GH-01, GH02 and GH-03 were separate and independent housing projects. ....
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....t. He referred to the decision of the Bombay High Court in Commissioner of Income Tax v. Brahma Associates: [2011] 333 ITR 289 in support of this contention. 13. The question whether a housing scheme constitutes a separate housing project is essentially a question of fact. In the present case, the CIT(A) had found that the real estate developments in respect of which deductions under Section 80IB were claimed by the Assessee constituted separate housing projects as: (i) they were built on plots of land which were clearly demarcated and separated from other projects; (ii) the housing schemes were clearly demarcated on the sanctioned plans and were reflected separately; (iii) the housing schemes in question, name....