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TMI Blog2017 (3) TMI 1864X X X X Extracts X X X X X X X X Extracts X X X X ..... icer has framed the assessment on the basis of revised return. AO has not proceeded further to verify and counter the claim of the assessee on the issue of built up area of dwelling units. This issue is not a pure legal issue but it involves the question of facts to be verified and then only the legal provisions are to be applied. There is no quarrel on the legal provisions that as per section 80IB(14)(a) the common area of the projects are to be excluded for the purpose of considering the built up area. The actual built up area is required to be measured and verified. The assessee himself has accepted the objections of the AO during the assessment proceedings. Therefore this claim of the assessee raised before the CIT(A) as well as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red section 80IB(14)(a) of the Act and submitted that as per the definition of the built up area, the common area is required to be excluded for this purpose. He has referred to the details of the built up area, common area as given in the statement of details at page 8 to 10 of Paper Book and contented that the AO has taken the built up area as total area which includes the common area. Whereas as per the provisions of section 80IB(14)(a) the common area has to be excluded for this purpose. He has further contented that some of the units are shown as having more area because of the fact that two separate units were merged. However those were sold vide separate sale deeds. Thus, the ld. AR has submitted that when the two units were shown se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment order that when this point was confronted to the assessee, the assessee withdrawn the claim of deduction u/s. 80IB(10) and filed a revised return. The assessment has been framed by the AO on the basis of the revised return. Therefore no fault can be found in the assessment framed by the AO on the basis of the revised return. The CIT(A) has also taken into consideration the facts as recorded by the AO that the size of the flats was found more than 1,500 sq.ft. during the inspection and measurement carried out by the architect of the assessee and consequently the assessee withdrew the claim of deduction u/s. 80IB(10). He has relied upon the orders of the authorities below. 4. Having considered the rival submissions and relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed return. Since the revised return was filed within the period of limitation and it was a valid return of income therefore, the Assessing Officer has framed the assessment on the basis of revised return. Thus, it is clear that the AO has not proceeded further to verify and counter the claim of the assessee on the issue of built up area of dwelling units. This issue is not a pure legal issue but it involves the question of facts to be verified and then only the legal provisions are to be applied. There is no quarrel on the legal provisions that as per section 80IB(14)(a) the common area of the projects are to be excluded for the purpose of considering the built up area. However, by applying the said provisions of the Act, the actual built ..... X X X X Extracts X X X X X X X X Extracts X X X X
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