JUDGMENT :

M. Duraiswamy, J.

Challenging the order passed in I.T.A.No.1755/Mds/2013 in respect of the Assessment Year 2010-2011 on the file of the Income Tax Appellate Tribunal, Chennai, "C" Bench (for brevity, the Tribunal), the Revenue has filed the above appeal.

2. The above appeal was admitted on the following substantial questions of law:

“(i) Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the open terrace area should not be included while computing the built-up area for the purpose of claiming deduction under Section 801B(10)? ?

(ii) Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the time limit for completion of the eligible project should not be computed from the day on which the lay out was approved for the 1st time on 22.09.2003 but only from the date on which the building plan approval was obtained for the last time on 29.03.2007?

(iii) Whether the Tribunal was correct in holding that the completion certificate issued by Pallikaranai Panchayat would satisfy instead of completion of certificate issued by Chennai Metropolitan Development Authority who had originally approved the