KAMALA BROTHERS,MUMBAI vs. ITO 24(2)1), MUMBAI
In the result, appeal filed by the Revenue is dismissed, and assessee’s appeal as well as and CO filed by the assessee are partly allowed
ITA 1160/MUM/2011[2007-08]Status: DisposedITAT Mumbai08 Jan 2016AY 2007-08
Bench: Shri Sanjay Garg & Shri Ashwani Tanejaassessment Year: 2003-04 Kamala Brothers, Ito 24(2)(1) Kuber Chamber, Cts बनाम/ C-13 Bandra Kurla 141-A, Next To Cod, Complex, Bandra(E) Vs. Dutt Mandir Road, Mumbai Malad (E) Mumbai -400097 (Assessee) (Revenue) P.A. No.Aaafk0111D Assessment Year: 2003-04 Ito 24(2)(1) Kamala Brothers, C-13 Bandra Kurla Kuber Chamber, Cts 141- बनाम/ Complex, Bandra(E) A, Next To Cod, Dutt Vs. Mumbai Mandir Road, Malad (E) Mumbai -400097 (Revenue) (Respondent) P.A. No. Aaafk0111D C.O. No.180/Mum/2013 (Arising Out Of Ita No.1334/Mum/2011) Assessment Year: 2003-04
Section 143(3)Section 2(47)Section 50C
…gh single approval for the whole plot consisting of portion such as 141A, 141B, 141C & 141D. We find that findings given by the Ld. CIT(A), are legally correct. Our view finds support from the decision of the Tribunal in the case of Sigma Construction vs. ITO 59 SOT 83( Hyd) wherein it has been held that where a portion of plot area was earmarked for laying Roads, same should be considered as part of housing project in order to determine the prescribed limit u/s 80IB. Similar view has been taken in the case of Bunty Builders vs ITO 127 ITD 286 (Pune) and Haware Engineers & Builders P. Ltd. v. ACIT 46 SOT 27 (Mum)…