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2012 Supreme(Mad) 4445

CHITRA VENKATARAMAN, K.RAVICHANDRA BAABU
Commissioner of Income Tax, Business Ward XV(3) – Appellant
Versus
Sanghvi and Doshi Enterprise – Respondent


Advocates appeared:
For the Petitioner: J. Naraynanaswamy Standing Counsel for Income Tax.
For the Respondent:Jehangir D.J. Mistri, S.C. For R. Sivaraman, Advocate.

JUDGMENT:

Both the assesseeas well as the Revenue have filed appeals as against the common order of the Income Tax Appellate Tribunal relating to the assessment years 2005-06 and 2006-07.

2. As far as Revenue's Appeals (T.C.(A)Nos.581 and 582 of 2011) are concerned, at the time of admission, the following substantial questions of law were admitted by this Court for consideration:

"1. Whether on the facts and circumstances of the case, the tribunal was right in deciding the eligibility of deduction without considering the mandatory conditions stipulated u/s.80IB and 80IB(10) of the I.T.Act?

2. Whether on the facts and circumstances of the case, the Tribunal was right in not giving any finding about the difference between developers, builders and construction contracts to claim deduction u/s.80IB(10) of the Act?

3. Whether on the facts and circumstances of the case, the Tribunal was right in deciding that there need not be any cap of 10% for flats having built up area exceeing 1500 sq.ft. with regard to claim for deduction u/s.80IB of the Act?"

3. In the course of the hearing before this Court, the Revenue, however, presented a petition for reframing the questions of law, since th













































































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