M/s Manas Developers, C/o Colour Stop, Khadka Road, Bhusawal, Dist. Jalgaon. PAN : AAMFM1444J .... Respondent Department by : Shri Mazhar Akram Assessee by : None (Written Submissions) Date of hearing : 05112014 Date of pronouncement : 26112014 ORDER PER G. S. PANNU, AM The captioned appeal by the Revenue is directed against an order of the Commissioner of Income Tax (Appeals)II, Nashik dated 18.02.2013 which, in turn, has arisen from an order dated 12.12.2011 passed by the Assessing Officer u/s 143(3) of the Incometax Act, 1961 (in short "the Act"), pertaining to the assessment year 200910. 2. In this appeal, Revenue has raised the following Grounds of Appeal : "1. 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 the completion certificate from Local Authority has not been obtained till 27/2/2009. 2. On the facts and in the circumstances of the case, the order of the CIT(A) be cancelled and that of the A.O. be restored." 2 ITA No.883/PN/2013 3. At the time of hearing, none appeared on behalf of the respondent assessee inspite of service of notice whereas the learned Departmental Representative, Shri Mazhar Akram appeared on behalf of the appellant Revenue. However, written submissions have been furnished on behalf of the respondentassessee, which have been duly considered. 4. In the written submissions, it has been pointed out that similar issue in assessee's own case for the assessment year 200708 was decided by the Pune Bench of the Tribunal vide ITA No.1107/PN/2011 dated 30.09.2013 in favour of the assessee. The operative part of the order of the Tribunal dated 30.09.2013 (supra) reads as under : "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 : "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 plan. iv) The completion certificate fr