Income Tax Appellate Tribunal Pune IncomeTax Officer,, vs Manas Developers,, Bhusawal on 30 March, 2017 आयकर अपील य अ धकरण] पण ु े यायपीठ "ए" पण ु े म IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH "A", PUNE सु ी सष ु मा चावला, या यक सद य एवं ी अ नल चतव ु द " , लेखा सद य के सम% BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM आयकर अपील सं. / ITA No.1543/PUN/2014 नधा'रण वष' / Assessment Year : 201011 The Income Tax Officer, .......... अपीलाथ / Ward 2(1), Jalgaon, Appellant Old B.J. Market, Jalgaon, Pin 425001. बनाम v/s Manas Developers, C/o. Color Stop, Khadka Road, Bhusawal 425201. .......... यथ / Respondent PAN : AAMFM1444J अपीलाथ क ओर से / Appellant by : Shri Anil Kumar Chaware. यथ क ओर से / Respondent by : None (Written submissions) सन ु वाई क तार ख / घोषणा क तार ख / Date of Hearing : 08.03.2017 Date of Pronouncement: 30.03.2017 आदे श / ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the Revenue is emanating out of the order of Commissioner of Income Tax (A) 2, Nashik dt.23.05.2014 for the assessment year 201011. 2. The relevant facts as culled out from the material on record are as under : 2.1 Assessee is a partnership firm stated to be engaged in the business of developing lands, construction and houses. 2 ITA No.1543/PUN/2014 AY.No.201011 Assessee filed its return of income for A.Y. 201011 on 30.09.2010 declaring total income at Rs.Nil after claiming deduction of Rs.33,48,612/ u/s 80IB(10) of the Act. The case was selected for scrutiny and thereafter assessment was framed u/s 143(3) of the Act vide order dt.08.03.2013 and the total income was determined at Rs.33,48,610/ interalia by disallowing the claim of deduction u/s 80IB(10) of the Act. Aggrieved by the order of AO, the matter was carried before the Ld. CIT(A), who vide order dt.23.05.2014 (in appeal No.Nsk/CIT(A)2/83/1314) allowed the appeal of the assessee. Aggrieved by the order of Ld. CIT(A), Revenue is now in appeal before us and has raised the following grounds : "1. In the facts & circumstances of the case & law, whether the Ld. CIT(A) was justified in directing the assessing officer to allow the deduction u/s 80IB(10) of the Income Tax Act 1961(hereinafter referred as "Act") of Rs 33,48,612/ to the assessee? 2. In the facts & circumstances of the case & law, whether the Ld. CIT(A) was justified in directing the assessing officer to allow the deduction u/s 80IB(10) of the Act to the assessee ignoring the fact that the assessee had constructed the residential unit in excess of 1500 sq.ft. in violation to the provisions of section 80IB(10) of the Act? 3. In the facts & circumstances of the case & law, whether the Ld. CIT(A) was justified in directing the assessing officer to allow the deduction u/s 80IB(10) of the Act to the assessee by relying upon the ITAT Bench "A" Pune's order dt.30.9.2013 in assessee's own case for AY 200708 & 200809, when the section 80IB(10) (f)of the Act clearly prohibits the assessee to sell more than one residential unit to the buyer, his/her spouse, his/her minor children of the buyer in case the buyer is an individual? 4. In the facts & circumstances of the case & law, whether the Ld. CIT(A) was justified in directing the assessing officer to allow the deduction u/s 80IB(10) of the Act to the assessee, ignoring the fact that deviation 3 ITA No.1543/PUN/2014 AY.No.201011 or violation of even a single clause of subsection (10) of section 80IB, called for disallowance of claim u/s 80IB(10) as it is given for the entire project? 5. In the facts & circumstances of the case & law, whether the Ld. CIT(A) had erred in allowing the deduction u/s 80IB(10) without appreciating the following facts of the case: