2017 (6) TMI 1047

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....S Legal for the respondent ORDER P. C. 1. The present appeal is filed against the order of the Tribunal confirming the order of the CIT(A) in respect of the Assessment Year 2009-10. 2. The Revenue has filed the present appeal purportedly agitating the following questions as substantial questions of law : (i) Whether on the facts and in the circumstances of the case and in law,....

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....lls within the subclause (ii) to clause (e) of Section 80IB(10) of the Act? (iii) Whether on the facts and in the circumstances of the case and in law, the Tribunal is correct in deleting the addition of Rs. 3,53,34,185/representing deduction claimed u/s 80IB(10), relying upon the decision in case of Commissioner of Income Tax Vs. Vandana Properties, 353 ITR 36 (Bom) and M/s. Brahma Assoc....

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....neous. It has ignored the fact about outgoing commercial projects on the same plot of land. The same would be extension of the project of the assessee firm. The case of the assessee squarely falls within the ambit and purview of Subclause (ii) to clause (a) of Section 80IB(10) of the Income Tax Act. The learned Counsel further submits that the Tribunal ignored the basic fact as required under clau....

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....of Commissioner of Income Tax Vs. Sarkar Builders, reported in (2015) 7 SCC 579. The learned Counsel further submits that the Commencement Certificate was given to the respondent assessee on 7th September, 2004 and the project was completed within the stipulated period. The amount in question is pertaining to the said housing project. Even in respect of the Assessment Year 200809, the Assessing Of....