SUDHIR AGARWAL,J. - (1.) Appeal no. 73 of 2010 has been filed under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as Act, 1961) by Commissioner of Income Tax-I, Lucknow (hereinafter referred to as 'CIT'), being aggrieved by judgment and order dated 8.4.2010 passed by Income Tax Appellate Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as 'Tribunal') in I.T.A. No. 67/LUC/09 relating to A.Y. (hereinafter referred to as 'A.Y.') 2005-06. It was admitted on two substantial questions of law which read as under: "(i) Whether Income Tax Appellate Tribunal was correct in law, under the facts and circumstances of the case in holding that the Assessee fulfilled the conditions laid down in section 80IB(1) of the Act without appreciating that at the time of commencement of the project the assessee had right, claim and interest in only 2657 Sq. Mtrs. of plot area of which is less than 1 Acre and thus it failed to fulfilled the stipulated condition for claiming the said deduction. (ii)Whether Income Tax Appellate Tribunal was correct in law, under the facts and circumstances of the case in holding that furnishing of the report in form No. 10CCB as per the requirement of Section 80IB (13) read with Section 80IA (7) is only directory and not mandatory and allowing the claim of the Assessee on the basis of report furnished in the course of assessment proceedings."
(2.) Connected Appeal No. 6 of 2012 has arisen from judgement and order dated 15.12.2011 passed by Tribunal in I.T.A. No. 72/LKW/2011 relating to A.Y. 2007-08. Revenue has preferred this appeal and it was admitted on the following substantial question of law: "Whether learned Income Tax Appellate Tribunal erred in law while recording a finding that the Assessee fulfilled the condition laid down in Section 80IB(10)(b) regarding area of the plot of land being minimum one acre without appreciating that at the time of commencement of the project the Assessee had right, claim and interest in only 2657 sq.mts. of plot area which was less than 1 acre, while relying upon its order passed in the Assessee's own case for the Assessment Year 2005-06?"
(3.) Remaining two appeals have been filed by M/s Fortuna Foundation Engineers and Consultants Pvt. Ltd. (hereinafter referred to as the 'Assessee').;