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a) The entire development activity is on a land measuring 74.97 Acres and contains common facilities created in the project which is accessible to all the allottees of the project. As per the agreement with the Government Agency ADDA, the project is not only for housing but for development of an integrated township which consists of commercial, in addition to residential and township project at Assessment Year: 2010-11 M/s. Bengal Shristi Infrastructure Development Ltd Kanyapur, Asansol. Hence the residential projects Poorvi and Triveni cannot be held as a housing project for the purpose of Section 80-IB of the Act.

The above two separate plan approvals and permits and separate occupancy certificates from municipal authorities demonstrates that though these two housing projects are part of the overall plan of development of township which included infrastructural development etc. the municipal corporation of Asansol has treated them as independt projects and granted separate sanctions for construction of housing projects which are "Poorvi" and "Triveni". Occupancy certificate were also given separately for construction of each of these projects though the construction of the entire infrastructure of the overall township was not complete. The agreement, the assessee has with ADDA, Asanasol Municipal Corporation in an overall broad agreement and the municipal corporation has treated "Poorvi" and "Triveni" housing projects as independent housing projects. On such facts we shall now examine the legal positions.

Assessment Year: 2010-11 M/s. Bengal Shristi Infrastructure Development Ltd The Hon'ble Bombay High Court in the case of CIT vs. Vandana Properties (supra) held as follows:-

"Whether construction of building 'E' constitutes a 'housing project under section 80- IB(10) The expression 'housing project' is neither defined under section 2 of the Act nor under section 80-IB(10). Even under the Mumbai Municipal Corporation Act, 1988 as also under the Development Control Regulations for Greater Mumbai, 1991, the expression 'housing project' is not defined. Therefore, the expression 'housing project' in section 80-IB(10) would have to be construed as commonly understood. [Para 18] The expression 'housing project' in common parlance would mean constructing a building or group of buildings consisting of several residential units. In fact, the Explanation in section 80-IB(10) supports the contention of the assessee that the approval granted to a building plan constitutes approval granted to a housing project. Therefore, it is clear that construction of even one building with several residential units of the size not exceeding 1000 square feet would constitute a 'housing project' under section 80-IB(10). [Para 19] Whether construction of building 'E' is an independent housing project or extension of housing project already existing on plot in question When the plans for A, B, C and D buildings were approved during the period from 1993 to 1996, construction of building 'E' was not even contemplated on the plot in question. It is only in the year 2001 when the status of the land was converted from 'surplus vacant land' into 'within the ceiling limit land' by the State Government that an additional building could be constructed on the plot in question and, accordingly, building plan for construction of building 'E' was submitted and the same was approved by the local authority on 11-10-2002. [Para 20] The fact that the local authority, namely, the Municipal Corporation approved the building plan for building 'E' on the condition that all the objections raised in the intimation dated 12-5-1993 relating to the earlier housing project on the same plot of land would be applicable and should be complied with, cannot be a ground to hold that building 'E' is extension of the earlier housing project because the earlier housing project was completed prior to 1-10-1998 and the housing project for construction of building 'E' was approved for the first time on 11-10-2002. Nowhere in the intimation dated 11-10-2002 it is stated that building 'E' constitutes extension of the earlier housing project which is already completed. From the fact that the objections raised while approving the earlier housing project on the same plot of land were made applicable to the housing project in question, it cannot be inferred that the housing project in question constitutes extension of the earlier housing project. Therefore, in the facts of the present case, where, neither the assessee had sought approval of the building plan for construction of building 'E' as extension of the earlier housing project, nor the Municipal Corporation had granted approval for the said project as extension of earlier housing project, it is not open to the income-tax authorities to contend that approval granted on 11-10-2002 constituted extension of the housing project which was approved in the year 1993. [Para 21] Reliance placed by the revenue on the Explanation to section 80-IB(10)(a) which was introduced with effect from 1-4-2005 is also misplaced. What the said Explanation Assessment Year: 2010-11 M/s. Bengal Shristi Infrastructure Development Ltd contemplates is that where the approval in respect of a housing project is granted more than once, then that housing project shall be deemed to have been approved on the date on which the building plan of such housing project is first approved by the local authority. For example, in respect of a housing project, the assessee may seek amendment of the building plan at several stages of the construction and the same may be approved. In such a case, the Explanation provides that for the purposes of section 80-IB(10) the housing project shall be deemed to have been approved on the date on which the first approval was granted by the local authority. Thus, the Explanation to section 80-IB(10)(a) refers to the approval granted to the same housing project more than once and the said Explanation would not apply where the approval is granted to different housing projects. In the present case, construction of building 'E' constitutes an independent housing project and, therefore, the date on which the earlier housing project had commenced construction could not be applied to the housing project consisting of building 'E' merely because the conditions set out while granting approval to the earlier housing project have also been made applicable to the housing project in question."

13. Section 80IA of the Act is a specific provision which deals with deduction in respect of profits and gains from industrial undertakings or enterprises engaged in the development of infrastructural facilities such as roads, bridges and other structure as regards the grant of deduction in respect of development and construction of a housing project. Section 80IB is a specific provision in respect of profits and gains from undertakings engaged in developing and constructing housing projects other than infrastructure development undertakings. Thus, housing projects considered herein under Section 80IB refers to any building other than road, bridge or other structure. Thus, going by the definition of "housing project" to mean the construction of "any building" and the deduction under Section 80IB of the Act is hundred per cent of the profits derived in the previous year relevant to the assessment year from such housing project complying with the condition, each block in the larger project by name "Agrini" and "Vajra", has to be taken as an independent building and hence a housing project, for the purpose of considering a claim of deduction. Section 80IB(10) begins by stating: