Sec. 80IB(10) of Income Tax Act, 1961— Deduction— The respondent – assessee firm was engaged in the business of Real Estate Developers. During the assessment year 2010-11, the assessee had undertaken various housing projects. During the course of assessment proceedings, it was noticed by the Assessing Officer that the assessee claimed deduction under section 80IB(10) of the Act, 1961 in respect of five projects. the Assessing Officer observed that the assessee claimed the deduction under section 80IB(10) in respect of the aforesaid projects undertaken though the assessee was not sole owner of the land on which the housing project was constructed. Accordingly, the Assessing Officer disallowed the deduction claimed by the assessee under section 80IB(10) of the Act, 1961. The assessee being dissatisfied with the assessment order preferred an appeal before the CIT(A). The CIT(A) allowed the appeal.  The Revenue, therefore, went in appeal before the Tribunal. The Tribunal after considering the fact that the development of 55 residential units was a separate project by another assessee M/s. Pratham Properties and not by the assessee, affirmed the order passed by the CIT(A).The Revenue has proposed the substantial questions of law for the consideration of the Court. 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) was fulfilled. Therefore, 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.No question of law proposed by the Revenue could be termed as the substantial questions of law. The appeal of revenue, therefore, stand dismissed. --- Pr. CIT vs. PRATHAM DEVELOPERS.[2020] 23 ITCD Online 92 (GUJ)