9911796707
TMI Blog2016 (11) TMI 1511X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment order passed by the AO is bad in law - Decided in favour of assessee - ITA No.1696 (Bang) 2013 - - - Dated:- 3-11-2016 - SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SMT ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER For The Revenue : Ms. Neera Malhotra, CIT_DR For The Assessee : Shri A. Shankar, Advocate ORDER PER SHRI A. K. GARODIA, AM This is revenue s appeal directed against the order of the ld. CIT(A), Mysore dated 22-08-2013 for the assessment year 2008-09. The grounds raised by the revenue are as under; 1. The Order of the CIT(A) is opposed to law and facts of the case. 2. The CIT(A) erred in allowing deduction u/s. 8018(10) overlooking the fact that the assessee has executed the building proje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use works out to 28% of the total project and thus contravenes Section 8018(10)(d). 8. The CIT(A) erred in concluding that each phase is in itself a separate housing project for the purpose of section 80-IB(1O) and that the assessee was eligible for deduction U/S 80- IB since it had obtained completion certificate for the first phase whereas, the assessee bad completed only the first phase of the project thereby rendering it ineligible in terms of sub section (10) of section 80- IB for claiming deduction. 9. The CIT(A) further erred in concluding that the assessee was eligible for deduction u/s 80-1B merely on the ground that separate completion certificate and separate khatas were obtained by the assessee in respect of the firs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the revenue is that the ld. CIT(A) was not justified in holding that the assessment order passed by the AO deserves to be cancelled for the reason that reasons recorded for initiating action u/s 147 of the IT Act, were not furnished to the assessee. He submitted that the ld. CIT(A) has followed the Tribunal order rendered in the case of Smt Gaurinder Kaur reported in 102 ITD 189. He also submitted that this issue is covered in favour of the assessee by the Tribunal order rendered in the case of Sri S. Ashok Kumar (HUF) Smt. Hema S Reddy in ITA Nos.1306 1307(B)/2014 dated 25-05- 2016. He submitted a copy of this Tribunal order and pointed out that in this case, the Tribunal had followed the judgment of the Hon ble Bombay High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment and consequently, failed to dispose of the objections which would have been raised by the assessee against such reasons prior to the completion of re-assessment. Hence, the re-assessment order passed by the AO in the case of both the assessee are bad in law for want of furnishing the reasons recording for reassessment of assessment despite the specific request made by the assessee and consequently we quash the impugned orders of the AO passed u/s 143(3) r.w.s 147 of the Act . Under these facts, in the present case, as discussed above where this is not disputed that the reasons recorded were not furnished by the AO to the assessee, we decline to interfere with the order of the ld. CIT(A) on this issue i.e. regarding quashin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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