Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) -3, Chennai, dated 31.01.2017 and pertains to assessment year 2011-12.
The only issue arises for consideration is deduction claimed by the assessee under Section 80-IB(10) of the Income-tax Act, 1961 (in short 'the Act').
We heard Shri A. Satyaseelan, the Ld.counsel for the assessee and Ms. S. Vijayaprabha, the Ld. Departmental Representative. We find that this Tribunal in the assessee's own case for assessment year 2010-11, examined the issue and remitted back the matter to the file of the Assessing Officer to verify whether the built up area of each flat is less than 1500 sq.ft.
Therefore, by following the order of this Tribunal for the assessment year 2010-11 in the assessee's own case, the orders of both the authorities below are set aside and the issue is remitted back to the file of the Assessing Officer. The Assessing Officer shall re- examine the matter and bring on record whether the built up area of each flat is less than 1500 sq.ft. and thereafter decide the issue afresh in the light of the observation made by this Tribunal in the assessee's own case for assessment year 2010-11, after giving a reasonable opportunity to the assessee.
In the result, the appeal filed by the assessee is allowed for statistical purposes.