HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO I.T.T.A. NO.486 OF 2014 DATED:30.7.2014 Between:
The Commissioner of Income Tax (Central) Hyderabad … Appellant And M/s. Nagarjuna Construction Co. Ltd., 41, Nagarjuna Hills Punjagutta Hyderabad … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO I.T.T.A. NO.486 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The judgment and order of the learned Tribunal, dated 23rd October, 2013, in relation to assessment year 2005-2006 is assailed by this appeal, on the following suggested question of law.
“Whether, the ITAT was correct in rejecting the ground of the Department holding that assessee is entitled for deduction u/s.80IB(10) in respect of flats having built up area not exceeding 1500 sft. And not entitled for deduction in respect of flats having built up area exceeding 1500 sft. in respect of the some housing project when there is no such express provision in the act for proportionate allowance?”
We have heard Mr. J.V. Prasad, learned Senior Standing Counsel appearing for the appellant Revenue and gone through the impugned judgment and order.
It appears the learned Tribunal in passing the impugned order has followed unchallenged decision of Mumbai Bench of the Tribunal in the case of Ekta Sankalp Developers, Mumbai v. Additional Commissioner of Income Tax (I.T.A. No.3276/Mum/2010, dt.28.09.2012, Assessment Year 2007-2008). It was observed by the learned Tribunal that the issue both on fact and law decided in that case is squarely applicable to this matter. Therefore, adhering to the rule of consistency, we dismiss this appeal. There will be no order as to costs.
K.J. SENGUPTA, CJ M.S. RAMACHANDRA RAO, J 30.7.2014 bnr