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TMI Blog2013 (6) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... y and based on surmises and conjectures. In favour of assessee. - ITA No.697/Ahd/2010 - - - Dated:- 20-7-2012 - Shri A. K. Garodia And Shri Kul Bharat,JJ. For the Appellant : None (Written Submission) For the Respondent : Shri Rahul Kumar, SR-DR ORDER Per Kul Bharat, Judicial Member:- This present appeal by the Revenue is directed against the order of Ld. Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d while framing assessment u/s. 143(3) of the Incometax Act, 1961 (hereinafter referred to as the Act ) the Assessing Officer made disallowance u/s. 40A(a)(ia) of the Act and also disallowed a sum of Rs.s10,53,100/- as deduction claimed u/s. 80IB(10) of the Act. The assessee feeling aggrieved by this order preferred appeal before Ld. CIT(A), who after considering the facts and circumstances and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntal representative, perused the findings of authorities below. None appeared on behalf of the assessee. The representative of the assessee filed letter stating that issue is covered in favour of the assessee by the order of ITAT, Ahmedabad Bench in the case of Radhe Developer 113 TTJ 300. I was observed by the assessing office that assessee had utilized FSI of 11775.08 sq.mtrs. and left unutilize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of element of unutilized FSI sold is imaginary and based on surmises and conjectures. The ld. CIT(A), following the decision of the Tribunal in the case of Radhe Builders (supra) set aside the order of assessing officer and deleted the addition. 3. The ld. DR submitted that the issue is covered in favour of the assessee by the decision of ITAT, Ahmedabad Bench in the case of Radhe Developer (su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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