2020 (10) TMI 29

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....e : Shri Deepak Garg. ORDER PER S.S. VISWANETHRA RAVI, JM This appeal is filed by the Revenue against the order dt.03.07.2017 passed by the learned Commissioner of Income Tax (Appeals)-7, Pune for A.Y. 2011-12. 2. The only issue to be decided is as to whether the learned Commissioner of Income Tax (Appeals) is justified in allowing proportionate deduction u/s 80IB(10) of the Act in the....

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.... the learned Assessing Officer which is reflecting from Page Nos.2 to 4 of his order, assessee also raised an alternative plea in granting the deduction on proportionate basis. The learned Assessing Officer found the submissions made by the assessee including the alternative plea not acceptable and held the assessee is not entitled to claim deduction u/s 80IB(10) of the Act for the violations m....

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....of Income Tax (Appeals) denied the claim under Sec.80IB(10) of the Act relating to Bunglows / Row Houses. The relevant portion in allowing the proportionate deduction from the order of learned Commissioner of Income Tax (Appeals) is reproduced herein below for ready reference. "9.3 I have carefully considered the facts of the case and law apparent from the records. The issue of pro-rata d....

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....ra) and ITAT, Nagpur in case of AIR Developers(supra) pro-rata deduction u/s. 8018(10) is allowable for eligible units of the appellant." 5. We note that the learned Commissioner of Income Tax (Appeals) in Para 5.4.3 of his order discussed the issue taking the reference to the decision of this Tribunal in the case of M/s. D.S.Kulkarni Developers Ltd., (supra), wherein we note that in the claim ....