Deduction U/S 80-IB cannot be denied merely for variance of actual construction with approved Plan

CIT  Vs. M/s. C. N. Builders & Developers (Bombay High Court) Mr. Tejveer Singh, learned Advocate appearing for the Revenue in support of these Appeals would submit that the Commissioner of   Income Tax (Appeals) has assumed that if construction is as per the Development Control Rules (DCR), but not as per the approved plan, then it is not a violation of Section 80­IB (10) and the assessee is entitled to deduction. Thus, the construction may not be in accordance with the approved plan, but so long as it does not contravene the DCR, the benefit cannot be denied. However, the Commission...