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2014 (10) TMI 625 - HC - Income TaxCryptic order passed by Tribunal - Allowability of deduction u/s 80IB(10) on proportionate basis - housing project had contiguous residential units which were merged into a single residential unit measured in excess of 1000 sq.ft. – Held that:- The Tribunal has rendered a cryptic finding - It is not an elaborately reasoned order as could have been expected from the last fact finding authority - If the argument was that in each of the project/building the flats having less than 1000 sq.ft. area have been sold by separate agreements, may be to the members of the same family and consequent to the purchase by such members, they have merged the flats/unit and that is beyond the control of the Assessee, the Tribunal has not held that these facts are admitted or that there is no dispute about the same - the Tribunal referred to the construction projects, the flats in dispute and certain findings so also the admission by the Assessee in survey proceedings - If the disputed flats were identified by the parties, their position and situation at site should have been elaborately referred including the statements which have been recorded during the course of survey proceedings - The documents, namely, agreements in relation to these flats should have been referred in extenso by the Tribunal - That having not been done, any expression of opinion on the legal question would be academic – thus, the order of the Tribunal is to be set aside and the matter is remitted back to the Tribunal for fresh decision – Decided in favour of revenue.
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