2013 (12) TMI 632

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....xceeding 1500 sq.ft, which was accepted by assessee in its return of income u/s. 153A withdrawing proportionate claim of deduction u/s. 80(IB)(10). (ii) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) erred in overlooking material facts mentioned in the assessment order which clearly show that the built up area of certain flats built by assessee exceeded 1500 sq. ft. (iii) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) has grossly erred in completely overlooking the fact that by giving full relief for claim of deduction u/s.8OlB, the CIT(A) in fact has gone below the returned income of the assessee which is against the law because under the provisions of section 153A, all provis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n method of accounting. During the course of the assessment proceedings, the Assessing Officer observed that the assessee has claimed deduction u/s. 80(IB)(10) of the Act for its project Purva Riviera. During the course of investigation, physical inspection by the Government approved valuer, statement of the site engineer and statement of the resident of the project Purva Riviera , it came to the notice of the department that the assessee has constructed houses which exceeded the prescribed limit of 1500 sq.ft of built up area. It was in this backdrop that the AO held that assessee is not entitled for the claim of deduction u/s. 80(IB)(10) as it has failed to comply with the condition precedent i.e. the built up area of each unit should not....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....issued by Municipal Corporation, Bangalore , fixing the municipal taxes as per certificate of occupancy , which appears to be filed at the behest of the CIT[A] , which has also been challenged by the Revenue as admission of additional evidence , in its additional ground of appeal. The AO based his finding on the statements of the site engineer and one of the resident of 'J' Block without affording any opportunity to the assessee to cross examine the witnesses thereby the AO has violated the principles of natural justice. At the same time, the Ld. CIT(A) has called for details of municipal taxes which may not be termed as additional evidence in strict sense yet the CIT [A] has based his finding without affording any opportunity to the AO to ....