The Commissioner Of Income-Tax-15,Mumbai v. M/S Tinnwala Industries

1itxa-3483-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION. INCOME TAX APPEAL No. 3483 OF 2010 The Commissioner of Income-Tax-15,Mumbai .. Appellant. Vs M/s Tinnwala Industries ...Respondent. Mr D. K. Kamwal, for the Appellant.Mr J.D.Mistri, Senior Counsel with Atul K. Jasani, Advocatefor the Respondent. CORAM :- J.P.DEVADHAR AND A.R. JOSHI, JJDATED :- 28[th] March, 2012. P. C. :- 1. The following question of law is raised in this appeal, which reads thus :- Whether on the facts and circumstances of the case and in law, the ITAT is justified in concurring with the CIT(A)’s order ignoring the fact that condition of the project is on the size of plot of land which has minimum area of one acre under section 80IB (10) of the Income-tax Act, 1961 is not complied with? 2.Counsel for the parties submit that the similar question raised by the Revenue in the case of the Commissioner of Income-tax,Mumbai v/s M/s Vandana Properties, being Income-tax Appeal No.3633 of 2009 has been decided by this Court in favour of the Assessee and against the Revenue today i.e. on 28[th] March, 2012. 3.For the reasons stated therein, the present appeal is dismissed with no order as to costs. (A.R.JOSHI,J) (J.P.DEVADHAR,J) Ladda RS