Itxa/160/2010 Of The Commissioner Of Income Tax --Central Pune v. Sukhwani Chawla Buildcon

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.160 OF 2010 The Commissioner of Income Tax (Central), Pune ..Appellant. V/s. M/s. Sukhwani Chalw Buildon ..Respondent. Mr. Vimal Gupta for the appellant. Mr. Jitendra Jain with Jas Sanghvi i/b. PDS Legal for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ. P.C. :- DATED : 22ND FEBRUARY, 2011 1.The appeal was admitted on 1st December, 2010 on the following question of law:- (i)Whether on the facts and circumstances of the case and law, the Income Tax Appellate Tribunal was justified in holding that the deduction under section 80IB(10), as applicable prior to 1st April, 2005 is admissible in case of a "housing project" comprising of residential housing units and commercial establishments ?Income Tax Appellate Tribunal was justified in holding that the deduction under section 80IB(10), as applicable prior to 1st April, 2005 is admissible in case of a "housing project" comprising of residential housing units and commercial establishments ? (ii)Whether on the facts and circumstances of the case and law, the Income Tax Appellate Tribunal was justified in holding that the residential projects having commercial area upto 10% of the project is eligible for the claim of deduction for entire profits of project u/s.80IB(10) ? Income Tax Appellate Tribunal was justified in holding that the residential projects having commercial area upto 10% of the project is eligible for the claim of deduction for entire profits of project u/s.80IB(10) ? 2.Counsel for both the sides agree that the questions raised in this appeal are answered in favour of the assessee and against the revenue by the judgment of this Court in Income Tax Appeal No.1194 of 2010 [CIT V/s. Brahma Associates] decided by us today i.e. 22/02/2011. Accordingly, the aforesaid questions are answered in favour of the assessee and against the revenue. The appeal is disposed off accordingly with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)