The Pr. Commissioner Of Income Tax – 32 v. M/S. Vandana Properties

21 ITXA 601 OF 2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.601 OF 2017 The Pr. Commissioner of Income Tax – 32 versusM/s. Vandana Properties …Appellant …Respondent Mr. A.R.Malhotra, for Appellant. Mr. Atul Jasani, for Respondent. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ. th JUNE, 2019 DATE: 11 P.C.: 1. This Appeal is filed by the Revenue to challenge the Judgment of the Income Tax Appellate (“the Tribunal” for short) raising following questions forreconsideration : “(i)Whether on the facts and circumstances of the case and in lawthe Hon'ble Tribunal was justified in holding that the claim ofdeduction u/s 80IB (10) of the Act is allowable although thecommencement certificate by the Municipal Authorities for thehousing project was granted on 09-06-1993 prior to 01-10-1998 asrequired by Section 80IB (10) for the commencement certificate inrespect of Wing 'E' where the deduction is claimed, was only anendorsement / extension to the existing certificate granted to theassessee in the year 1993 ? (ii) Whether on the facts and circumstances of the case and in law, SSP 1/2 21 ITXA 601 OF 2017.doc the Hon'ble Tribunal was right in allowing the claim of deductionu/s 80IB (10) of the Act, that mandates the project be on the size ofplot of land which has a minimum area of one acre, whereas Wing'E' for which deduction u/s 80 IB (10) is being claimed, did not havethe requisite size of one acre ?” 2.The learned Counsel for the Revenue fairly stated that today these questions are squarely covered in the case of Commissioner of Income Tax V/s. VandanaProperties1, on which infact the Tribunal has in the impugned Judgment placed reliance. No question of law arises. The Income Tax Appeal is dismissed. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2