2014 (6) TMI 258

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....akash D. Shah ORDER Per Shri Kul Bharat, Judicial Member : These two appeals by the Revenue pertaining to same assessee are directed against the separate orders of the Ld.Commissioner of Income Tax(Appeals)-XV, Ahmedabad ('CIT(A)' for short) both identically dated 03/08/2012 for Assessment Years (AYs) 2006-07 & 2007-08. The Revenue has raised the identical grounds of appeal(s). In Asst.Ye....

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....ed the addition. Therefore, the penalty does not survive. He has also placed on record the copy of the order of the Tribunal dated 08/11/2013 passed in ITA Nos.2710 & 2711/Ahd/2010 for Asst.Years 2006-07 & 2007-08 respectively. 3. On the other hand, ld.Sr.DR supported the orders of the Assessing Officer and relied on the penalty orders. 4. We have heard the rival submissions, perused the mat....

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....ermissible FSI, more number of residential units in multistoried buildings could have been constructed. We find that the issue of land ownership is squarely covered in favour of the assessee by the decision of the Hon'ble Gujarat High Court in the case of CIT Vs. Radhe Developers (supra). Therefore, respectfully following the same, in our considered view, lower authorities were not justified in di....