2022 (9) TMI 349

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....PARTHA SARATHI CHAUDHURY, JM : These appeals preferred by the Revenue emanates from consolidated order of the ld. CIT(A)-12, Pune dated 25-02-219 for A.Ys. 2014-15 and 2015- 16 as per grounds of appeal on record. 2. The issue for adjudication is whether the ld. CIT(A) was justified in allowing deduction u/s 80IB(10) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). At the t....

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....80IB(10) of the Act was granted by the ld. CIT(A). 4. At the time of hearing, the ld. A.R of the assessee brought to our notice the decision in assessee‟s favour in assessee‟s own case in ITA No. 1974 to 1976/PUN/2016 for A.Y. 2011-12 to 2013-14, order dated 25-09-2018. In the said order, the Tribunal has held as follows: 10. We find that the issue is squarely covered by th....

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....Architect. The Tribunal after noting various other aspects held that reservation on account of DP road as well as HCMTR would not alter the fact that the said plot was one plot and mere division on account of reservation would not change the character of existing plot. The conditions stipulated in section 80IB(10) of the Act, of the project being one acre of plot, was held to be fulfilled and henc....

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....ribunal on the same parity of reasoning and the same set of facts and circumstances, the claim of deduction u/s 80IB(10) of the Act which has been allowed to the assessee by the ld. CIT(A) following the Tribunal‟s order (supra) cannot be faulted with for any reason whatsoever. The relief provided to the assessee is sustained. 7. The appeal of the Revenue in ITA No. 669/PUN/2019 for A.Y. 2....