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Case Law Details

Case Name : DCIT Vs Smt. Suman Jagannath Pharande (ITAT Pune)
Appeal Number : ITA Nos. 711 & 712/PN/2012
Date of Judgement/Order : 30/10/2015
Related Assessment Year : 2006-07 to 2009-10
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Brief Facts and Question of Law:

Brief Facts of the Assessee:

The Assessee is engaged in the business of construction and had undertaken a residential cum commercial project in Nanded. In assessment year 2008-09, the assessee had claimed deduction under section 80IB(10) of the Act at Rs.45,40,947/-. The Assessing officer (herewith “AO”) rejected the Assessee’s claim of deduction on the ground that the project included residential as well as commercial units. Also the project was not completed within the time limit specified in the provisions of section 80IB(10) of the Act. The area of some of the residential units exceeded 1500 sq. ft. Since the assessee had failed to comply with the provisions of section 80IB(10) of the Act, the claim of deduction was denied to the assessee.

Held by CIT (A):

The CIT(A) accepted the Assessee’s contentions and allowed the deduction u/s 80IB(10) of the Act.

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