2022 (1) TMI 1157

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....akant Sahu ORDER PER BENCH : This batch of four appeals by the Revenue relating to the assessment years 2012-13 to 2015-16 arise out of a common order passed by the CIT(A)-12, Pune on 13-11-2018. Since all these appeals are based on similar facts and common grounds, we are, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience. A.Y. 2012-13 : ....

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.... that two flats, numbering, D-203 and F-903 were sold to Ms. Neelima Rane in violation of the provisions of section 80IB(10)(f). The AO held that the assessee was not eligible for deduction u/s.80IB(10) in entirety because of the violation in selling two flats to one person. The ld. CIT(A) upheld the assessee's contention by holding that deduction u/s.80IB(10) was to be allowed on proportionate ba....

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....claimed because the assessee had suo motu claimed deduction u/s.80IB(10) on reduced amount. The view taken by the ld. CIT(A) accords with the judgment of the Hon'ble jurisdictional High Court in M/s. Kamat Constructions Pvt. Ltd. Vs. ACIT (2020) 429 ITR 609 (Bom.) in which identical facts were involved and the Hon'ble High Court approved the granting of deduction on proportionate basis. We, theref....