Housing Projects: Provisions of sub-section (10) not governed by provisions of sub-section (2) of section 80-IB

RELEVANT PARAGRAPH 7. It is first contended on behalf of the assessee that the view taken by the CIT that section 80IB(2) also applies to assessee’s claiming deduction under sub-section (10) of the section in respect of housing projects is erroneous and untenable as has been held by the Mumbai Bench of the Tribunal in (a) Parth Corpn. v. ITO [2008] 23 SOT 368 and (b) Shreejee Ratna Corpn. Vs. ITO [IT Appeal No. 3106(Mum) of 2007 dated 10-2-2009. It is therefore contended that the CIT was not right in law in holding the assessment to be erroneous and prejudicial to the interests of the re...