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TMI Blog2023 (7) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... compensation to have been paid to Tenant, whereas, during the course of assessment proceedings, the assessee claimed it as compensation to the seller. AR relied on the Sale cum Development made on 05-12-2008, which has been placed on record to support the contention that the payment so made was compensation to the owner of the flats for delay in handing over of the possession. Since this is an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f disallowance of Rs. 12.00 lakh towards the amount paid to the landlord as compensation. 3. Pithily put, the facts of the case are that the assessee is a Promoter and Builder who had purchased certain piece of land for construction of flats. Pursuant to the agreement, the assessee was to hand over certain constructed flats to the seller of the land. A sum of Rs. 12.00 lakh was claimed as deduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to the flat owners and not to the seller of the land. He, therefore, did not accept the assessee s claim, which came to be affirmed in the first appeal. 4. I have heard the rival submissions and perusing the relevant material on record. The case of the assessee is that compensation of Rs. 37.00 lakh was paid to the seller of the land not towards purchase of the land but towards the delay in h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. AR relied on the above referred agreement of Sale cum Development made on 05-12-2008, which has been placed on record to support the contention that the payment so made was compensation to the owner of the flats for delay in handing over of the possession. Since this is an additional evidence which was not there before the authorities below, I am of the considered opinion that it would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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