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2014 (10) TMI 486 - AT - Income TaxAddition on the basis of Statements recorded during the survey u/s 133A - statement was retracted later - Addition to be made on substantive basis or not – Held that:- No incriminating documents were found by the survey team – relying upon CBDT vide Circular F. No.286/2/2003 dated 10-03-2003 and CIT Vs. Dhingra Metal Works [2010 (10) TMI 29 - DELHI HIGH COURT] - the addition was made on the basis of statement recorded during the course of survey which was subsequently retracted and since no corroborative evidence was found either during the course of survey or during the course of assessment proceedings, addition cannot be made – thus, the order of the CIT(A) is upheld – Decided against revenue. Claim of deduction u/s 80IB(10) – Calculation of minimum 1 acre of area - Whether CIT(A) erred in holding that the road acquisition area is to be considerate as part of area of the plot for calculation of minimum 1 acre of area for claiming deduction u/s 80IB(10) - Held that:- As decided in assessee’s own case for the earlier assessment year, it has been held that CIT(A) rightly allowed the deduction – the order of the CIT(A) is upheld - Decided against revenue.
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