In High Court of Judicature at Madras Dated: 12.11.2014 Coram Honourable Mr.JUSTICE R.SUDHAKAR and Honourable Mr.JUSTICE R.KARUPPIAH Tax Case (Appeal) No.257 of 2012 Commissioner of Income Tax Chennai.Appellant Vs. Smt.Jagadeeswari New No.40, G2 Jagannathapuram Third Street, Chetpet, Chennai-600 031.Respondent APPEAL under Section 260-A of Income Tax Act against order dated 23.03.2012 made in I.T.A.No.889/Mds/2008 on file of Income Tax Appellate Tribunal,'A' Bench for assessment year 2007-08. For Appellant: Mr.J.Naraynanaswamy Standing Counsel for Income Tax For Respondent: Mr.R.Sivaraman JUDGMENT (Delivered by R.SUDHAKAR,J.) This Tax Case (Appeal) is filed by Revenue as against order of Income Tax Appellate Tribunal raising following substantial questions of law: "1. Whether on facts and in circumstances of case, Tribunal was right in holding that assessee is entitled for deduction under Section 80IB when assessee is not owner of property and had executed contract with purchasers of undivided share in land to construct building? 2. Whether on facts and in circumstances of case, Tribunal was right in holding that completion certificate is not necessary in view of letter dated 14.12.2009, issued by Assistant Commissioner, Corporation, when assessee itself had stated that project is 'under construction in form submitted to Assessing Officer?" 3. Whether on facts and in circumstances of case, Tribunal was right in holding that each of unit of flats had built up area of less than 1500 sq.ft. and is entitled to deduction under Section 80IB(10)? 4. Whether assessee is entitled for deduction under Section 80IB(10) when assessee had applied for sanction of building permission separately for each of plots measuring less than 1 acre?" 3 2. assessment in this case relates to assessment year 2007- 2008. 3. issues involved in this Tax Case (Appeals) that whether assessee is entitled for deduction under Section 80IB(10) of Income Tax Act have already been decided by this Court in T.C.(A)Nos.581 & 582 of 2011 and 314 & 315 of 2012 dated 01.11.2012 in favour of assessee and against Revenue holding that for purpose of considering deduction, it is not necessary that assessee, engaged in developing and construction of housing project, should be owner of property. It is also held "when local authority, being part of Chennai Metropolitan Development Authority and also approving authority, thus having certified about completion, we do not find any justifiable ground to invoke Explanation (2) to sub-section (10) of Section 80IB of Income Tax Act for purpose of negativing claim. In any event, going by fact that Explanation cannot have control on substantive provision, as matter of construction, we agree with assessee's contention and we have no hesitation in confirming order of Tribunal. In light of above-said facts, we reject Revenue's appeal." It is also held that assessee is entitled to deduction in respect of built up area exceeding 1500 sq.ft. on proportionate basis. Accordingly, all questions have been dealt with by this Court in decision dated 01.11.2012. 4 R.SUDHAKAR,J. AND R.KARUPPIAH,J. 4. Hence, following above-said decision of this Court, above Tax Case (Appeals) are dismissed and order of Tribunal stands confirmed. No costs. Consequently, connected M.P.s are also dismissed. Index :Yes/No (R.S.,J) (R.K.,J) Internet:Yes/No 12.11.2014 sl To 1. Income Tax Appellate Tribunal, "B" Bench, Chennai. 2. 2. Commissioner of Income Tax (Appeals) XII, Chennai 600 034. 3. Income Tax Officer, Business Ward XV(3), Chennai. T.C.(A) No.257 of 2012. Commissioner of Income-tax, Chennai v. Jagadeeswari