2013 (5) TMI 855

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.... PER SHRI A. K. GARODIA, AM:- This is revenue's appeal directed against the order of Ld. CIT(A) XV, Ahmedabad date 19.11.2010 for the assessment year 2007-08. The grounds raised by the revenue are as under: "1). The Id. Commissioner of Income-tax (A)-XV, Ahmedabad has erred in law and on facts in directing the Assessing Officer to allow the assessee's claim for deduction of Rs. ....

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..... Commissioner of Income-tax (A)-XV, Ahmedabad ought to have upheld the order of the Assessing Officer. . . 4). It is therefore, prayed that the order of the Id. Commissioner of Income-tax(A)-XV, Ahmedabad may be set-aside and that of the Assessing Officer be restored." 2. Ld. D.R. supported the assessment order, whereas the Ld. A.R. supported the order of Ld. CIT(A). 3. We have con....

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.... from the perusal of the Development Agreement cited in para 5 above. The AO has not disputed that the appellant did not fulfill the various conditions laid down from clause (a) to (d) of section 80!B(10), therefore the AO is directed to allow deduction claimed u/s.80lB(10) to the appellant as it has been found fulfilling the conditions laid down in section 801B(10) as well as the tests laid down ....

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....f developing the land is also without any basis and hence, we feel that under these facts, the order of Ld. CIT(A) is not sustainable but we also feel that in the interest of justice, this issue should go back to the file of Ld. CIT(A) for a fresh decision by way of passing a speaking and reasoned order. Accordingly, the order of Ld. CIT(A) on this issue is set aside and the matter is restored bac....