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TMI Blog2013 (2) TMI 783X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 plot on which the appellant has developed a housing project is less than o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant 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 4100 sq.mtrs., which in turn is more than one acre. The assessee claimed to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nit 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) that the actual area of the plot on which the project is developed admeasures 41 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserved 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 Bench Mumbai in assessee s own case for A.Y. 2006-07 wherein the Bench set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sending back the matter, for verification of the correct measurement of the plot area. Having regard to the circumstances of the case and consistent with the view taken by the ITAT G Bench Mumbai (supra) we set aside the matter to the file of the AO to reconsider the matter in the light of the observation made by the ITAT in the order for A.Y. 2006-07 7. In the result, as pronounced in the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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