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Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the assessee satisfied all the conditions stipulated in the provisions of Section 80IB(10) of the Income Tax Act, 1961 and therefore, would be eligible to claim deduction?

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Section 80-IB of the Income-tax Act, 1961—Deduction—Assessee entitled to deduction as it satisfied all the conditions stipulated in the provisions of Section 80IB(10).

Facts: Whether the Tribunal was justified in holding that the assessee satisfied all the conditions stipulated in the provisions of Section 80IB(10) and therefore, would be eligible to claim deduction?

Held, that assessee had established on record that the buildings referred to as Complex A1 and A2 were part of separate project for which a separate approval was granted by the Municipal Corporation. Likewise, with respect to buildings Complex A3 to A8, building permission was granted by the Municipal Corporation separately. It was, in this background, that the CIT(A) and the Tribunal accepted two different dates of completion taking into account the respective dates of approval of the housing project, thus, assessee eligible for deduction. The entire issue is one of the facts. No question of law arises. - PR. CIT V/s KEWAL REAL ESTATE (P.) LTD. - [2018] 8 ITCD Online 81 (BOM)

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