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TMI Blog2014 (6) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... ul Bharat, Judicial Member : These two appeals by the Revenue pertaining to same assessee are directed against the separate orders of the Ld.Commissioner of Income Tax(Appeals)-XV, Ahmedabad ('CIT(A)' for short) both identically dated 03/08/2012 for Assessment Years (AYs) 2006-07 & 2007-08. The Revenue has raised the identical grounds of appeal(s). In Asst.Year 2006-07, the following grounds are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot survive. He has also placed on record the copy of the order of the Tribunal dated 08/11/2013 passed in ITA Nos.2710 & 2711/Ahd/2010 for Asst.Years 2006-07 & 2007-08 respectively. 3. On the other hand, ld.Sr.DR supported the orders of the Assessing Officer and relied on the penalty orders. 4. We have heard the rival submissions, perused the material available on record and gone through the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ltistoried buildings could have been constructed. We find that the issue of land ownership is squarely covered in favour of the assessee by the decision of the Hon'ble Gujarat High Court in the case of CIT Vs. Radhe Developers (supra). Therefore, respectfully following the same, in our considered view, lower authorities were not justified in disallowing the claim of deduction under section 80IB of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus allow the grounds of the appeals of the assessee in both the years under consideration." 5. In view of the decision of the Tribunal in quantum appeals, wherein the addition has been deleted, the penalty does not survive. Therefore, grounds raised by the Revenue are rejected in both the years. 6. In the result, both the appeals of the Revenue pertaining to Asst.Years 2006-07 & 2007-08 are dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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