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t is discernible that as there is no provision of obtaining commencement certificate from the local authority for development and construction of the residential unit having more than 1500 sq.ft area. In the facts of the presentcase, when the assessee claimed the deduction with respect to the residential units, which are having built up area less than 1500 sq.ft, the condition laid down under section 80IB(10)(c) is fulfilled. Therefore, whether such development permission includes the area for the residential units, which are more than 1500 sq.ft. would not be relevant for deciding eligibility to deducting under section 80IB(10) of the Act. In such circumstances, in view of concurrent findings of fact arrived at by the CIT(A) and the Tribunal, there is no legal infirmity in the impugned orders of allowing deduction under section 80IB(10) of the Act. For the forgoing reasons, no question of law proposed by the Revenue could be termed as the substantial questions of law. The appeal, therefore, fails and stand dismissed.

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Sec. 80IB(10) of Income Tax Act, 1961— Deduction - There is no provision of obtaining commencement certificate from the local authority for development and construction of the residential unit having more than 1500 sq.ft area. When the assessee claimed the deduction with respect to the residential units, which are having built up area less than 1500 sq.ft, the condition laid down under section 80IB(10)(c) is fulfilled. Therefore, whether such development permission includes the area for the residential units, which are more than 1500 sq.ft. would not be relevant for deciding eligibility to deducting under section 80IB(10) of the Act. Thus, appeal of the revenue against the order of Tribunal in allowing deduction under section 80IB(10) of the Act, dismissed. - PR. CIT V/s PRATHAM DEVELOPERS - [2020] 429 ITR 114 (GUJ)

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