INCOME TAX ACT, 1961

--Deduction under section 80-IB(10)--Construction and development of housing project Commercial units vis-a-vis applicability of section 80-IB(10)--Assessee-company was engaged in business of developing and constructing housing projects. In return filed for relevant assessment years it claimed deduction under section 80-IB(10) on its two projects which inter alia includes residential as well as commercial units. Assessing officer and Commissioner (Appeals) disallowed assessee's claim as a whole after rejecting assessee's contention that proportionate deduction would be allowed. Tribunal allowed assessee's appeal and deduction on residential units on pro rata basis was granted. Disallowance was thus confirmed only as regard to commercial area being 9. 31 per concern. It was further pointed out that persons, to whom such area was allotted were non other than MD and his relatives. Held: Was rightly so. Since residential as well as commercial units were built up by assessee pro rata deduction under section 80-IB(10) was allowable.