The Commissioner Of Income Taxcentral Circle Iii,Chennai - 600 034 v. M/S.rajarathinam Constructions (P) Limitedno

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 06.04.2015 CORAM The Honourable Mr.JUSTICE R.SUDHAKARandThe Honourable Ms.JUSTICE K.B.K.VASUKI Tax Case (Appeal) Nos.32 to 34 of 2015& connected M.Ps. The Commissioner of Income TaxCentral Circle III,Chennai - 600 034. ... Appellant in the above T.C.(A)s/Appellant Vs. M/s.Rajarathinam Constructions (P) LimitedNo.20, Anderson Street,Ayanavaram, Chennai - 600 023. ... Respondent in the above T.C(A)s/Respondent APPEALs under Section 260-A of the Income Tax Act against theorder dated 07.07.2014 made in I.T.A.Nos.1062 to 1064/Mds/2013 on thefile of the Income Tax Appellate Tribunal, 'A' Bench for theassessment years 2006-07 to 2008-09. against the order of the Commissioner of Income Tax(Appeals) – I,46, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034 dated29/01/2013 and made in ITA N. 111, 112, 113/2012-13.and against the order of the Assistant Commissioner of Income Tax,Central Circle III(2) New Building 3[rd] Floor, 46/108 Mahatma GandhiRoad, Chennai – 34 dated 29.12.09 and made in PAN/GIR No:AACCR0215Mof the assessment years 2006-07, 07-08 & 2008-09. For Appellant : Mr.M.Swaminathan Standing Counsel for Income Tax C O M M O N J U D G M E N T (Delivered by R.SUDHAKAR,J.) The above Tax Case (Appeals) are filed by the Revenue as againstthe order of the Income Tax Appellate Tribunal raising the followingsubstantial question of law: "Whether on the facts and in the circumstances of thecase, the Income Tax Appellate Tribunal was correct inallowing proportionate deduction under Section 80IB(10)ignoring the fact that the commercial area in the projectexceeded the stautory limit as specified under Section 80IB(10)?" 2. The assessment in the above cases relate to the assessmentyears 2006-07 to 2008-09. 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. Consequently, connected MiscellaneousPetitions are also dismissed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sl To 1. The Assistant Registrar, The Income Tax Appellate Tribunal, "A" Bench, III Floor, Rajaji Bhavan, Besant Nagar, Chennai – 600 090.2. The Commissioner of Income Tax (Appeals)-I, 46, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034.3. The Assistant Commissioner of Income Tax, Central Circle-III(2), New Building, 3[rd] Floor, 46/108, Mahatma Gandhi Road, Chennai – 34. +1cc to Mr.S.Sridhar, Advocate, S.R.No.18916+3cc's to M/s.M.Swaminathan, Advocate, S.R.No.18839 Tax Case (Appeal) Nos.32 to 34 of 2015& connected M.Ps. UG(CO)CA(28/04/2015)