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2017 (11) TMI 1819 - AT - Income TaxDeduction u/s. 80IB(10) - HELD THAT:- It is pertinent to mention that on the same project the CIT(A) as well as the Tribunal has decided the appeal in favour of the assessee for the earlier assessment year 2007-08. The relevant assessment year, the CIT(A) has also made a finding that the project was designed as a composite project at the proposed site at survey no.486/1 & 482. The project of the assessee was also in an area more than one acre. The approvals were obtained on unit basis only for the benefit of taking advantage of the relevant rules of the local authority. From the order of the CIT(A), it is apparent that he had arrived at the conclusion in favour of the assessee after considering the facts of the case and the decision of various higher judiciaries on the identical issue. Therefore in these circumstances we do not find it necessary to interfere in his order. Hence the Revenue’s appeal is devoid of merits. Reopening of assessment u/s 147 - HELD THAT:- At the time of hearing, AR did not advance any argument on this issue. We also find that this ground is neither raised before the Ld.AO nor the CIT(A) on the earlier occasions. Therefore we do not find any merit in this ground raised by the assessee. Accordingly this ground raised by the assessee is also devoid of merits.
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