9911796707
TMI Blog2022 (5) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... : This is an appeal filed by the assessee directed against the order of ld. Commissioner of Income Tax (Appeals)- 4, Pune dated 10.03.2017 for the assessment year 2010-11. 2. The appellant raised the following grounds of appeal :- "1] The Ld. CIT(A) erred in confirming the addition amounting to Rs. 62,35,490/- made on account of disallowance of deduction claimed u/s. 80-IB(10) of the Act, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointed u/s. 131(1)(d) of the Act have erred in not considering the land area of access road purchased by the appellant subsequently for which easement rights were available with the assessee right from the beginning. 3] Without prejudice, the Ld. CIT(A) has further erred in holding that the order of Town Planning Authority will prevail over that of Gram Panchayat, even when he himself has acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for deduction of Rs.62,35,490/- claimed u/s 80IB(10) on the ground that the land on which project was developed, was less than 1 acre placing reliance on the report submitted by the Government Registered Valuer and the permission given by Gram Panchayat. 4. Being aggrieved by the order of assessment, an appeal was filed before the ld. CIT(A), who vide impugned order, while concurring with the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led written submission vide letter dated 29.03.2022. 7. On the other hand, ld. CIT-DR also filed the written submission. 8. We have carefully gone through the written submissions filed by both the parties and heard the ld. CIT-DR. The issue in the present appeal relates to the allowability of deduction u/s 80IB(10) of the Act. The Assessing Officer denied the exemption u/s 80IB(10) only on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment clearly mentioned that even on actual measurement the area of land is only 4000 sq.mtrs. which is less than 1 acre. It is not the case of the appellant that the report of the valuer as relied upon by the Department without giving an opportunity of hearing. Thus, the appellant had failed to prove that the area of land is more than 1 acre which is a condition precedent for availing the benefi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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