9911796707
TMI Blog2020 (9) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... r.Ashok Pathy for M/s.Pass Associates JUDGMENT [Order of the Court was made by T.S.SIVAGNANAM , J.] This appeal by the assessee under Section 260 A of the Income Tax Act, 1961 ('the Act' for brevity) is directed against the order dated 25.07.2018 passed by the Income Tax Appellate Tribunal, Madras, 'A' Bench,('Tribunal' for brevity) in I.T.A.No.280/Mds/2017 for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documentary evidence in respect of size of the land, built up area etc which is a condition precedent for granting relief? 2. We have elaborately heard Ms.R.Hemalatha, learned Senior Standing Counsel appearing for the appellant / Revenue and Mr.Ashok Pathy, learned counsel for M/s.Pass Associates accepting notice on behalf of the respondent. 3. The assessee in the Return of Income filed for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to disallow the claim for deduction. The assessee by letter dated 26.03.2015 stated that they had developed a housing project at Selaiyur, Tambaram for an area more than one acre, after obtaining approval from CMDA on 29.03.2007. The project was completed during the financial year 2011-12 relevant to the assessment year 2012-13 and upon completion, they obtained the Completion Certificate from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the deduction under Section 80IB(10). As against that portion of the order of the CIT(A), the Revenue preferred an appeal before the Tribunal which was dismissed and challenging the same, the Revenue is on appeal before us. 5. The assessee has given a factual explanation which was taken note of by the CIT(A). The condition to be fulfilled by the assessee to sustain his claim for deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o note the effect of a Completion Certificate which certifies that the developer has completed the project in accordance with the approved Building Plan as approved by the CMDA. The assessee also specifically states that the built-up area is 'maximum built-up area' and not 'carpet area' or 'super built-up area' and this fact has been considered by the CIT(A) as well as by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
