Assistant Commissioner Of ... vs Sonalty Realty,, Pune on 13 January, 2017
He
had also relied on decision of Pune Tribunal in the case of ITO
Vs. Satyanarayan Ramswaroop Agarwal reported in (2014) 163
TTJ 0017 (Pune) and other decisions. He has further given a
finding that the construction of the 'Park Land' which was
sanctioned on 04.08.2006 was subsequently revised and has
been totally completed before 31.03.2012 and in such a
situation, the claim of deduction u/s 80IB(10) of the assessee
was allowable on a proportionate basis. With respect to the
violation of provisions of the Act on account of the area of 5 Row
Houses being in excess of 1500 Sq.Ft., he has given a finding
that Government Approved Valuer had taken the outer
17
ITA No.1837/PUN/2014
AY.No.2010-11
measurement of the Row Houses and calculated the area which
is contrary to the definition contained in
Sec.80IB(14)(a).