The Commissioner Of Income Tax – Iii, Pune v. Runwal Erectors Private Limited, Pune

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.44 OF 2013 AND INCOME TAX APPEAL (L) NO.45 OF 2013 The Commissioner of Income Tax – III, Pune..Appellant. Versus Runwal Erectors Private Limited, Pune..Respondent. Mr.Tejveer Singh for the appellant.None for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 28[th] February 2013 P.C. : 1.In these appeals by the Revenue for assessment years 2003-04 and 2004-05, following common questions of law have been proposed for our consideration. “a)Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the deduction under Section 80IB (10) of the Income-tax Act, 1961 as applicable prior to 1[st] April 2005 is admissible in the case of a Housing Project comprising residential housing unit and commercial establishments?law, the Tribunal was justified in holding that the deduction under Section 80IB (10) of the Income-tax Act, 1961 as applicable prior to 1[st] April 2005 is admissible in the case of a Housing Project comprising residential housing unit and commercial establishments? b)Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the residential projects having commercial area up to 10% is eligible for the claim of deduction for entire profit of the project under Section 80IB (10) of the Income-tax Act, 1961 ?law, the Tribunal was justified in holding that the residential projects having commercial area up to 10% is eligible for the claim of deduction for entire profit of the project under Section 80IB (10) of the Income-tax Act, 1961 ? c)Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the projects wherein the commercial area is more than 10% of the project and the income from the residential dwelling units in that project can be worked out separately and even after excluding the commercial use of plot, the project satisfies all the requirement of Section 80IB(10),of Income Tax Act, 1961, residential part of the project is eligible for deduction ?”law, the Tribunal was justified in holding that the projects wherein the commercial area is more than 10% of the project and the income from the residential dwelling units in that project can be worked out separately and even after excluding the commercial use of plot, the project satisfies all the requirement of Section 80IB(10),of Income Tax Act, 1961, residential part of the project is eligible for deduction ?” 2.Since the Tribunal by the impugned order has allowed the claim of the respondent – assessee by following the decision of this Court in the matter of Commissioner of Income Tax V/s. Brahma Associates reported in 333 ITR 289 (Bom.), we see no reason to entertain the proposed questions of law. 3.Accordingly, both the appeals are dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)