2015 (7) TMI 1453

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....07-08 vide order dated 25.11.2014, has restored the issue to the file of the Assessing Officer and he submitted a copy of the said order. He pleaded that the issue is the same, therefore, it may also be restored to the file of the Assessing Officer. The ld. DR has no serious objection to this proposition. 3. After hearing both the sides, we find that the ITAT, Indore Bench, in ITA Nos. 497/Ind/2012 in the assessee's own case vide its order dated 25.11.2014 has held as under :- "We have heard both the sides and perused the orders of the authorities below. As far as the project of "Vijay Nagar" is concerned, facts of the case are yet to be fully brought on record that the land was owned by the assessee by placing the ownership evi....

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....the claim of deduction u/s 80IB(10). In our considered opinion for both the projects the assessee is duty bound to establish through his accounts that how the funds were  involved and in what manner the investment was made towards the construction/development of these two projects. So the assessee has to furnish the availability of the funds, utilization of funds and the risk undertaken for these two projects in the recent past ITAT B Bench Ahmedabad has pronounced a judgment namely Ito vs. M/s Shreeji Developers bearing ITA No. 2407/Ahd/2009 dated 29.02.2012 in which the manner was remitted back to the file of the A.O. especially when the inquiries made during the assessment proceedings were insufficient. Directions given in the said ....