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C.I.T Mumbai vs M/S Sarkar Builders on 15 May, 2015

8. Ground No. 3, 4 & 5, are on the issue of calculation of the total commercial area in the housing project and whether the assessee followed Section 80-IB(10)(d) of the Act, which came into force w.e.f. 01/04/2005. We find that the housing project has been approved in September, 2004, i.e., before 01/04/2005. The Hon'ble Supreme Court in the case of CIT Vs. 12 I.T.A. No. 598/Kol/2016 Assessment Year: 2009-10 M/s. B.U. Gardens Pvt. Ltd Sarkar Builders (supra), has approved the decision of the Hon'ble Bombay High Court in the case of Brahma Associates & Ors. (Supra) relied on by the ld. CIT(A), and has held as follows:-
Supreme Court of India Cites 23 - Cited by 74 - A K Sikri - Full Document

Jt. Commissioner Of Income Tax, Special ... vs Nalco Chemicals (India) Ltd. ... on 11 August, 2005

8. Ground No. 3, 4 & 5, are on the issue of calculation of the total commercial area in the housing project and whether the assessee followed Section 80-IB(10)(d) of the Act, which came into force w.e.f. 01/04/2005. We find that the housing project has been approved in September, 2004, i.e., before 01/04/2005. The Hon'ble Supreme Court in the case of CIT Vs. 12 I.T.A. No. 598/Kol/2016 Assessment Year: 2009-10 M/s. B.U. Gardens Pvt. Ltd Sarkar Builders (supra), has approved the decision of the Hon'ble Bombay High Court in the case of Brahma Associates & Ors. (Supra) relied on by the ld. CIT(A), and has held as follows:-
Income Tax Appellate Tribunal - Kolkata Cites 3 - Cited by 23 - Full Document
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