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2016 (2) TMI 1211 - AT - Income TaxReopening of assessment - as per the lease agreement there does not exist any building on the land leased out - Held that:- As per the letters of 05.09.2015 and 10.11.2015 of Lafarge India Pvt. Ltd., (erstwhile Larson and Toubro Limited, the tenant of the assessee) and the assessee’s AO, it now stands admitted by the assessee’s tenant that there does exist a building on the land in question and thus, it is this building alongwith the land, which was leased out to the said tenant by the assessee, though the lease agreement was qua the land. The building is used for cement storage as per mutual understanding. M/s. Lafarge India Pvt. Limited has also admitted that the photographs of the building are correct. Since these documents and photographs go to the root of the dispute, they are necessary to be taken into consideration. Accordingly, these documents are admitted in evidence. Now, since the orders of the taxing authorities found as their basis, the fact that as per lease agreement, there was no building in existence on the land and the erstwhile M/s. Larson and Toubro Limited, now, M/s. Lafarge India Pvt. Limited, have admitted of the building existing on the land in question, we remit this matter to the file of the AO to be decided afresh - Decided in favour of assessee for statistical purposes.
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