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TMI Blog2021 (7) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee is directed against the order passed by the ld. CIT(A) on 19.05.2017 in relation to the A.Y. 2010-11. 2. The only issue raised herein is against the denial of deduction u/s 80IB(10) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') on certain on-money received by the assessee which was also declared as income. 3. Briefly stated, the factual matrix of the case is that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with their address etc. The assessee complied with the same and furnished a list of such 42 persons. Thereafter, the AO required the assessee to produce the persons, for which the assessee expressed its inability. The AO issued notices u/s 133(6) of the Act and also recorded statement of 12 persons u/s 131 of the Act, all of whom denied having given any on-money to the assessee. In view of these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... survey u/s 133A, whose copy has been given at page 1 onwards of the paper book. In response to question No.35 and other related questions about the mention of certain amounts on the back side of flat booking receipts, the assessee conceded that such sums, over and above the amount as per registered deeds, were on-money. In response to question Nos. 40/41, the assessee surrendered the entire on-mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the buyers denied having given such on-money. We are at loss to comprehend as to how the sum of Rs. 5.57 crores, admittedly received as on-money on the booking of flats, can be construed as not arising from the same source when the question of granting deduction u/s 80IB(10) thereon surfaced. 5. The doctrine of approbate and reprobate does not allow the Department to blow hot and cold in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Once it is agreed to be `on-money' from the flats-bookings at the time of its inclusion in the total income, a fortiori, such an income, being from sale of flats albeit received as on-money, qualifies for the deduction as well. We, therefore, overturn the impugned order on this score and order to allow deduction u/s 80IB(10) on such amount. 6. In the result, the appeal is allowed. Order prono ..... X X X X Extracts X X X X X X X X Extracts X X X X
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