2012 (9) TMI 1085

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....laiya (Accountant Member) This appeal by the Revenue has challenged the correctness of the order of Ld. CIT(A)-29, Mumbai dt.19.7.2011 pertaining to assessment year 2008-09. 2. The sole grievance of the Revenue is that the Ld. CIT(A) has erred in directing to allow deduction u/s. 80IB(10) of the Act at Rs. 4,85,36,946/-. 3. Facts of the case are that the assessee constructed a housing pro....

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....he Ld. CIT(A) thus held as follows: "I have carefully considered the facts of the case, arguments of the AO and the written submissions of the Authorised Representative of the appellant. The exact issue was considered in the case of the appellant in the earlier year i.e. 2007-08 by this office in appeal No. CIT(A)-29/RG-17/IT-90/0910 dt. 24.3.2010. In this order it has been clearly held t....

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....-08. That being so, we find that the Tribunal in ITA No. 4223/M/10 has confirmed the findings of the Ld. CIT(A) and dismissed the Revenue's appeal in A.Y. 2007-08 by holding as under: "Thus we agree with the decision of the CIT(A) that (a) assessee is entitled to relief u/s. 80IB(10)(a)(b): (b) the assessee is entitled to relief u/s. 80IB(10) notwithstanding the fact that they conveyed th....