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Mudra Builders, Ahmedabad vs Assessee cites

M/S. Brahma Associates,, vs Department Of Income Tax on 30 November, 2015

Asst. Year 2005-06 (3) ITO vs. Air Developers (123 TTJ 959 (Nag) In this case it is held that AO has worked out the built up area after including the area of the balcony -Relevant facts not examined in the light of the said regulation -therefore, the AO is directed to determine the built up area of the residential units by applying the Development Control Regulation, 2000, and to allow proportionate deduction under s.80IB(10) if he finds that the built up area of some of the residential units exceeds 1,500 sq.ft. (4) G.V. Corporation vs. ITO 38 SOT 174 (Mum) In this case it was held that whether in view of decision of Special Bench (Pune) in case of Brahma Associates vs. Jt. CIT (2009) 119 ITD 255, even if assessee could not be given entire deduction under section 80IB, it would still be eligible for proportionate deduction.
Income Tax Appellate Tribunal - Pune Cites 4 - Cited by 13 - Full Document

M/S Aadhar Associates, Bhopal vs Pr Cit-2, Bhopal on 31 May, 2023

Finally he submitted that the Jurisdictional Tribunal in the case of M/s Aakar Associates vs. ITO in ITA No.2903/Ahd/2008 AY 2005-06 pronounced on 14.5.2011, has decided the issue by observing as under :- "5.5 In the light of the view taken in the aforesaid decisions, especially when the Revenue have not placed before us any contrary decision, we have no hesitation in allowing the claim of the assessee for deduction u/s 80IB(10) of the Act on proportionate basis i.e. on the profit derived from construction of the residential units which have a built up area of less than 1500 sq.ft. Accordingly the AO is directed to allow the claim for deduction u/s 80IB(10) of the Act on the profit derived from construction of the residential units which have a built up area of less than 1500 sq.ft. The units with built area exceeding 1500 sq.ft. would not be eligible for deduction u/s 80IB(10) of the Act. Subject to these directions, ground Nos. 1 to 3 in the appeal are allowed to the extent indicated hereinbefore."
Income Tax Appellate Tribunal - Indore Cites 10 - Cited by 1 - Full Document

Oil & Natural Gas Corporation Ltd.,, ... vs The Ito-2 (Internation Taxation), ... on 3 August, 2022

Asst. Year 2005-06 (3) ITO vs. Air Developers (123 TTJ 959 (Nag) In this case it is held that AO has worked out the built up area after including the area of the balcony -Relevant facts not examined in the light of the said regulation -therefore, the AO is directed to determine the built up area of the residential units by applying the Development Control Regulation, 2000, and to allow proportionate deduction under s.80IB(10) if he finds that the built up area of some of the residential units exceeds 1,500 sq.ft. (4) G.V. Corporation vs. ITO 38 SOT 174 (Mum) In this case it was held that whether in view of decision of Special Bench (Pune) in case of Brahma Associates vs. Jt. CIT (2009) 119 ITD 255, even if assessee could not be given entire deduction under section 80IB, it would still be eligible for proportionate deduction.
Income Tax Appellate Tribunal - Ahmedabad Cites 7 - Cited by 2 - Full Document

The Commissioner Of Income Tax-Iv, ... vs M/S Air Developers, Nagpur on 23 January, 2020

Asst. Year 2005-06 (3) ITO vs. Air Developers (123 TTJ 959 (Nag) In this case it is held that AO has worked out the built up area after including the area of the balcony -Relevant facts not examined in the light of the said regulation -therefore, the AO is directed to determine the built up area of the residential units by applying the Development Control Regulation, 2000, and to allow proportionate deduction under s.80IB(10) if he finds that the built up area of some of the residential units exceeds 1,500 sq.ft. (4) G.V. Corporation vs. ITO 38 SOT 174 (Mum) In this case it was held that whether in view of decision of Special Bench (Pune) in case of Brahma Associates vs. Jt. CIT (2009) 119 ITD 255, even if assessee could not be given entire deduction under section 80IB, it would still be eligible for proportionate deduction.
Bombay High Court Cites 0 - Cited by 2 - A B Borkar - Full Document
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