2019 (7) TMI 1529

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....ances of the case and in law the learned CIT(Appeals) erred in allowing the claim of deduction on proportionate basis in respect of units in the housing project which fulfills the conditions as laid down by section 80IB(10) without appreciating the facts of the case in proper prospective? 3. The issue raised in the present appeal filed by Revenue is against order of CIT(A) in allowing the proportionate deduction under section 80IB(10) of the Act. 4. Briefly, in the facts of the case, the assessee had constructed a housing project situated at S.No.15, Near Sai Services, Kondhwa Khurd, Pune. The assessee had claimed deduction under section 80IB(10) of the Act. The case of assessee was picked up for scrutiny. The Assessing Officer author....

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....g project would not be allowed to allot more than one residential unit in the project to the same person not being an individual and in the case of individual, no other residential unit in such housing project was to be allotted to different categories of persons mentioned therein. In the case of assessee, two flats each were sold to single individual as detailed in the assessment order. Rejecting the plea of assessee that it had allotted one flat before the amendment and second flat after amendment, the CIT(A) held that the assessee had violated provisions of clauses (e) and (f) of section 80IB(10) of the Act, which were applicable to the year under consideration. However, the CIT(A) allowed alternate plea of assessee of grant of proportio....

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....assessee had claimed deduction under section 80IB(10) of the Act in respect of project "Leelawati Greens‟. Under the provisions of section 80IB(10)(f) of the Act, which came into force w.e.f. 19.08.2009, where more than one residential unit was allotted to person being an individual, no other residential unit in such housing project is to be allotted to the individual or the spouse or the minor children of such individual or Hindu Undivided Family in which such individual was the Karta or any person representing such individual, then where the assessee has violated the provisions of the Act, would not be eligible for the claim of deduction under section 80IB(10) of the Act. It may be pointed out that the assessee had violated the afor....