M/s. Manas Developers, C/o. Colour Stop, Khadka Road, Bhusawal, Dist :Jalgaon PAN No. AAMFP1444J .. Respondent ITA No. 1504/PN/2011 (Assessment Year 200809) ITO, Ward2(1), Jalgaon .. Appellant Vs. M/s. Manas Developers, C/o. Colour Stop, Khadka Road, Bhusawal, Dist :Jalgaon PAN No. AAMFP1444J .. Respondent ITA No. 1639/PN/2011 (Assessment Year 200809) M/s.Manas Developers, C/o. Colour Stop, Khadka Road, Bhusawal, Dist :Jalgaon PAN No. AAMFP1444J .. Cross objector Vs. ITO, Ward2(1), Jalgaon .. Appellant in the appeal Appellant by : Shri Nikhil Pathak Respondent by : Shri Anil P. Chaware Date of Hearing : 23092013 Date of Pronouncement : 30092013 ORDER PER R.K. PANDA, AM : ITA No.1107/PN/2011 filed by the Revenue is directed against the order dated 30062011 of the CIT(A)II, Nashik relating to A.Y. 2007 2008. ITA No.1504/PN/2011 and ITA No.1639/PN/2011 are cross appeals, 2 the first one filed by the Revenue and the second one filed by the assessee and are directed against the order dated 23092011 of the CIT(A)II, Nashik for A.Y. 200809. Since common issues are involved in all these appeals, therefore, these were heard together and are being disposed of by this common order. ITA No.1107/PN/2011 (A.Y. 200708) : 2. Ground of appeal No.1 by the revenue reads as under : "On the facts and in the circumstances of the case, the CIT(A) erred in allowing the deduction u/s.80IB(10) without appreciating the following facts of the case : (i) That the land is in the name of the partners and not in the name of the firm. (ii) That the project as a whole has not been approved by the Local authority. (iii) That one of the unit sold to Mr. Rajkumar Parwani is in excess of 1500 sq.ft. (iv) That the completion certificate from local lauthority has nto been obtained till 27022009. (v) That the pamphlet of the project shows the planned independent bungalows having built up area of 1752 sq.ft." 2.1 Facts of the case in brief are that the assessee is a partnership firm formed on 01052005 consisting of 2 partners namely, Sri Naresh Kumar Kanhaiyalal and Shaik Husnoddin, both residents of Bhusawal and assessed to Income Tax. The firm is carrying on the business of developing, lands, construction of houses and sale of the same. The assessee filed its return of income on 13102007 declaring Nil taxable income after claiming deduction u/s.80IB(10) of Rs.32,72,308/. During the course of assessment proceedings the Assessing Officer noted that the claim of the assessee for deduction u/s.80IB(10) is not allowable for the following reasons : 3 "i) The land is in the name of the Partners and not in the name of Firm. The AO discussed the purchase deed of the agricultural land and also the sale deed of residential units which contain only the name of partners as buyers at the time of purchase and as sellers at the time of execution of sale deed. The AO also discussed the 'commencement certificate' and also the completion certificate which are also in the name of partners and not in the name of Firm. ii) The project as a whole has not been approved by the Local Authority. The Local Authority has approved the plan in the name of Partners and not in the name of the Firm, The approval has not been taken for the entire project but for individual units separately. iii) One of the units sold to Mr Rajkumar Parwani is in excess of 1500 sqft.: The AO recorded the statement of Rajkumar Parwani wherein he has stated that he has purchased one unit having built up area of 3000 sq.ft and also stated that plan was amended at the foundation level and also filed a copy of an approved valuer Shri Ashok Dahad of the layout pl