Tca/564/2013 Of Commissioner Of Income Tax v. Shri M.r.rathindran

In the High Court of Judicature at Madras Dated: 14.11.2014 Coram The Honourable Mr.JUSTICE R.SUDHAKARandThe Honourable Mr.JUSTICE R.KARUPPIAH Tax Case (Appeal) Nos.564 & 565 of 2013 Commissioner of Income TaxCoimbatore. .... Appellant in both T.C.(A)s/Appellant Shri M.R.Rathindran3/570, Gandhi Nagar,K.Vadamadurai,Coimbatore. .... Respondent in both T.C.(A)s/Respondent APPEALs under Section 260-A of the Income Tax Act against theorder dated 12.01.2012 made in I.T.A.Nos.1782&1783/Mds/2011 on thefile of the Income Tax Appellate Tribunal, 'B' Bench for theassessment years 2003-04 and 2004-2005. against the Office of the Commissioner of Income Tax(Appeals)-1Coimbatore dated 11.08.2011 and made in ITA.Nos.138 of 2010 & 140 of2010 respectively. against the order of the Income Tax Officer ward II(3) Coimbatoredated 27.12.2010 and made in PAN No.AGQPR 5812F. For Appellant : Mr.T.R.Senthil Kumar Standing Counsel for Income Tax For Respondent : R.Venkata NarayananC O M M O N J U D G M E N T (Delivered by R.SUDHAKAR,J.) The above Tax Case (Appeals) filed by the Revenue as against theorder of the Income Tax Appellate Tribunal were admitted by thisCourt on the following substantial question of law: "Whether in the facts and circumstances of the case,the Income Tax Appellate Tribunal is right in holding thathttps://hcservices.ecourts.gov.in/hcservices/ proportionate allowance of claim under Section 80IB of theAct is to be allowed for the profits from the residentialunitss which are below 1500 sq.ft. though the deduction isfor the 'housing project' and some of the residential unitsin the project have exceeded the prescribed limit of 1500sq.ft.?" 2. The assessment in the above cases relate to the assessmentyears 2003-04 and 2004-2005. 3. The issue involved in the above Tax Case (Appeals) thatwhether the assessee is entitled for deduction under Section 80IB(10)of the Income Tax Act has already been decided by this Court in T.C.(A)Nos.1014 of 2009, 857 of 2010 and 190 to 192 of 2012 andW.A.No.471 of 2010 dated 02.11.2012 reported in [2013] 29 taxmann.com19(Madras) in favour of the assessee and against the Revenue holdingthat the assessee is entitled to the claim of deduction but to theextent of each of the blocks satisfying the conditions under Section80-IB(10) on a proportionate basis. 4. Hence, following the above-said decision of this Court, theabove Tax Case (Appeals) are dismissed and the order of the Tribunalstands confirmed. No costs. Sd/- Assistant Registrar //True Copy// sl To1.The Assistant Registrar, IIIrd Floor, Rajaji Bhavan, Besant Nagar -600 090 2. The Income Tax Appellate Tribunal, "B" Bench, Chennai. 3. The Commissioner of Income Tax (Appeals)-I, Coimbatore. 4. The Income Tax Officer, Ward II(3), Coimbatore. 1 cc to M/s.T.R.Senthil Kumar ,Advocate, SR.No.54598 ug(co)pmk.1.12.2014