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TMI Blog2019 (1) TMI 1778X X X X Extracts X X X X X X X X Extracts X X X X ..... ot less than 1 acre. In this context, he had issued show cause notice to the assessee and called for his explanation. As noted, the assessee's explanation was twofold. Firstly, there was errors in the land documents which was corrected later on and second that the reduction in the area of land for road widening and such other public purposes should be ignored, in view of the fact that the assessee was allowed to utilize the full FSI. The assessing Officer accepted such explanations and granted the reduction. The view that the Assessing Officer adopted was at that time supported by the decisions of the Tribunal. The Assessing Officer having taken a plausible view, as is well settled to series of judgments of various High Courts and Supre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction, in particular whether the plot of land on which the housing project was being developed had minimum area of 1 acre. The Assessing Officer issued a show cause notice to the assessee and asked for an explanation why the claim should not be rejected since the land revenue records suggested that the area of a land was less than 4050 sq. meters (i.e. approximately 1 acre). The assessee pointed out that there were errors in the revenue records which were later on rectified by virtue of which the land area was shown to be 4050 sq. meters. The Assessing Officer however noticed that though the area of land was stated to be 4050 sq. meters, part of it would be occupied for road widening and similar such other purposes leaving only a net of 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aim was granted by the Assessing Officer without inquiry. The Tribunal noted that the stand of the assessee in this regard was supported by the decisions of the Tribunal on the same point. Inter alia on such grounds the appeal was allowed upon which the revenue has filed the present appeal. 4. The materials on record would clearly suggest that the Assessing Officer was conscious of the requirement of the area of the plot of land being not less than 1 acre. In this context, he had issued show cause notice to the assessee and called for his explanation. As noted, the assessee's explanation was twofold. Firstly, there was errors in the land documents which was corrected later on and second that the reduction in the area of land for road ..... X X X X Extracts X X X X X X X X Extracts X X X X
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