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2023 (9) TMI 374

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....r. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER:- This appeal by the assessee is preferred against the order of the ld. CIT(A) - 28, New Delhi dated 14.03.2018 pertaining to Assessment Year 2013-14. 2. The grievance of the assessee is two-fold : (i) Firstly, the assessee is aggrieved by the denial of deduction u/s 80IAB of the Income-tax Act, 1961 [the Act, for short] in respect of incom....

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....s of developing and leasing of property in IT/ ITES Sector, Noida. While scrutinizing the return of income, the Assessing Officer noticed that the assessee has claimed deduction on sale of food and beverages amounting to Rs. 18, 80,716/-. 5. The assessee was asked to justify its claim and the assessee replied that it is in the activity of leasing its property and generating income from it, being ....

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.... was of the opinion that any disallowance/reversal will enhance the income and claim of deduction will be higher. 8. The Assessing Officer added Rs. 56,31,167/- to the income of the assessee under section 68 of the Act. 9. The assessee carried the matter before the ld. CIT(A) but without any success. 10. Before us, the ld. counsel for the assessee vehemently stated that the claim of deduction o....

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....e developer, approved company developer by default, and one of the items is cafeteria/canteen for staff in the processing area. Since the income of the assessee is not derived from cafeteria/canteen for staff, therefore, the said Instruction is not applicable to the facts of the case. 14. Reliance on the decision of the coordinate bench is misplaced in as much as in the said case, the activities ....