DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. BRAMHA CORP LTD,(FORMERLY KNOWN AS BRAHMA BUILDERS),, PUNE

This appeal by the Revenue against the order dated 19-01-2017 passed by the Commissioner of Income Tax (Appeals)-5, Pune [„CIT(A)‟] for assessment year 2011-12.

The appellant-revenue raised as many as ten grounds amongst which the only issue emanates for our consideration whether the CIT(A) is justified in allowing deduction u/s. 80IB(10) of the Act regarding the projects Brahma Avenue and Brahma Suncity in the facts and circumstances of the case.

Heard both parties and perused the material available on record. We find the CIT(A) held that the assessee is entitled to claim deduction u/s. 80IB(10) of the Act regarding two projects namely Brahma Avenue and Brahma Suncity. To come to such conclusion the CIT(A) placed reliance on the order dated 05-01-2017 of this Tribunal in assessee‟s own case in & 1748/PUN/2014. The ld. AR placed on record the decision of Hon‟ble High Court of Bombay in assessee‟s own case wherein we find the Revenue challenged the order dated 31-10-2014 of ITAT, Pune Benches in assessee‟s own case for the A.Y. 2008-09. The Hon‟ble High Court of Bombay was pleased to dismiss the substantial question of law raised by the appellant-revenue therein vide its order dated 27-03-2018. Therefore, we find no infirmity in the order of CIT(A) in holding that the assessee is entitled to claim the deduction u/s. 80IB(10) of the Act. Thus, the grounds raised by the Revenue in appeal are dismissed.

In the result, the appeal of Revenue is dismissed.