M/S. Shipra Estate Ltd. & Jai Krishan Estate Pvt. Ltd., Delhi vs. ACIT, New Delhi
In the result, the appeal of the assessee is
ITA 5849/DEL/2012[2009-10]Status: DisposedITAT Delhi30 May 2016AY 2009-10
Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaay: 2009-10 Ay: 2008-09
For Appellant: Shri Ajay Wadhwa, AdvFor Respondent: Shri Pankaj Vidharthi, CIT DR
Section 143(3)Section 80I
…ord. As far as ground no. 2 of the Department’s appeal is concerned, it is seen that the issue of pro rata deduction is covered in favour of the assessee by the following cases:- i) ITO vs Air Developers (2009) 122 ITD 125 (Nagpur) ii) SJR Builders vs ACIT 3 ITR (Trib) 569 (Bangalore) iii) Sreevatsa Real Estate (P) Ltd. 9 ITR (Trib) 808 (Chennai) In ITO vs Air Developers (supra), the Nagpur Bench held that:- “In view of the decision of the Kolkata Bench of the Tribunal in the case of (Bengal Ambuja Housing Development Ltd. v. Dy. CIT [IT Appeal No. 1595 (Kol.) of 2005, dated 24-3-2006], which was squarely…