2013 (2) TMI 783

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....ent) This appeal filed by the assessee is directed against the order dated 30.08.2011 passed by the CIT(A) - I, Thane and it pertains to A.Y. 2008-09. 2. The following grounds were urged by the assessee before us: - "1) On the facts and in the circumstances of the case and in law, the Ld. Assessing Officer has erred in holding and the CIT(A) has erred in confirming that the area of ....

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....nder section 80IB(10) of the Income Tax Act in respect of previous year relevant to A.Y. 2008-09. The assessee is engaged in the business of construction, i.e. developing the area and constructing buildings thereon. The impugned housing project commenced by virtue of a development agreement dated 16.06.2005. As per the registered development agreement the actual size of the plot was mentioned as 4....

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....mercial area is Nil; further the maximum built up area for each residential unit should be less than 1500 sq.ft. and the assessee fulfilled that condition. However, in his opinion the size of the plot is only 3940 sq.mtrs. which is less than one acre whereas the eligibility criterion is to develop an area which should be more than one acre. 4. Aggrieved, assessee contented before the CIT(A) tha....

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....e learned CIT(A) rejected the contention of the assessee. In this regard he observed that the report of the Surveyors is not relevant when the government records clearly show that the area of the plot is less than one acre. Further aggrieved, assessee is in appeal before us. 5. At the time of hearing the learned counsel for the assessee placed before us a copy of the order passed by the ITAT "G....