2021 (7) TMI 295

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.... This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals), Pune-5, Pune dated 10.05.2017 for the assessment year 2013-14 as per the following grounds of appeal on record : "1. Whether on the facts and circumstances of the case, the CIT(A) was justified in holding that the assessee is entitled to a proportionate deduction on the profits of the eligible units which com....

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.... the conditions laid down for claiming deduction u/s.80IB(10) of the Act. However, the Assessing Officer after considering the submission of the assessee did not accept the same and disallowed the deduction claimed by the assessee. 3. At the very outset, the Ld. AR for the assessee submitted that the issue raised in this appeal is covered by the decision of Pune Bench of the Tribunal in asessee&#....

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....under section 80IB(10) of the Act in respect of four flats against which there is violation of clauses (e) and (f) of Section 80IB(10) of the Act. However, the assessee is entitled to claim proportionate deduction in respect of balance flats sold by the assessee in the aforesaid housing project. Upholding the order of the CIT(A), we dismiss the ground of appeal raised by the Revenue." 5.1 The L....