In High Court of Judicature at Madras Dated: 02.03.2015 Coram Honourable Mr.JUSTICE R.SUDHAKAR and Honourable Mrs.JUSTICE S.VIMALA Tax Case (Appeal) Nos.78 to 81 of 2015 & connected M.Ps. Commissioner of Income Tax Trichy. Appellant in above T.C.(A)s Vs. M/s.Mangalam Estates, No.60, Mangamma Nagar Srirangam, Trichy. Respondent in above T.C(A)s APPEALs under Section 260-A of Income Tax Act against order dated 11.04.2013 made in I.T.A.Nos.1809 to 1812/Mds/2010 on file of Income Tax Appellate Tribunal, 'C' Bench for assessment years 2004-05 to 2007-08. For Appellant : Mr.J.Naraynanaswamy Standing Counsel for Income Tax COMMON JUDGMENT (Delivered by R.SUDHAKAR,J.) above Tax Case (Appeals) are filed by Revenue as against order of Income Tax Appellate Tribunal raising following substantial questions of law: 2 "1. Whether on facts and in circumstances of case, Tribunal was right in holding that assessee need not own land and then develop cum build housing project of purpose of claiming deduction under Section 80IB(10)? 2. Whether on facts and in circumstances of case, Tribunal was right in holding that Section 80IB(10) did not stipulate any such condition for year relevant to assessment year 2004-05, being commencement of project 'shri vijayarangem' and subsequent amendment imposing bar on building commercial area in excess to 2000 sq.ft. Will not be applicable to earlier period? 3. Whether on facts and in circumstances of case, Tribunal was right in holding that provisions of Section 80IB(10) provide for partial deduction to housing project with respect to units within stipulated built up area where same project contains unit exceeding stipulated built up area? 2. assessment in above cases relate to assessment years 2004-05 to 2007-08. 3. issues involved in above Tax Case (Appeals) that whether assessee is entitled to 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 3 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. 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) (S.V.,J) Internet:Yes/No 02.03.2015 sl R.SUDHAKAR,J. 4 AND S.VIMALA,J. sl To 1. Income Tax Appellate Tribunal, "C" Bench, Chennai. 2. Commissioner of Income Tax (Appeals), Tiruchirappalli 3. Assistant Commissioner of Income Tax, Central Circle-I, Tiruchirappalli. Tax Case (Appeal) Nos.78 to 81 of 2015 & connected M.Ps. 02.03.2015 Commissioner of Income-tax, Trichy v. M/s. Mangalam Estate