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2016 (11) TMI 1720 - AT - Income TaxPowers of the Commissioner (Appeals) - Deduction u/s 80IB(10) denied - income in respect of housing project namely, 'Kamdhenu Siddhi' being developed by the assessee at Kothrud, Pune - AO denied the claim of deduction on the ground that the assessee has not fulfilled the conditions prescribed in section 80IB(10) by not completing the project before the stipulated date - AO also disallowed the compensation paid to the flat owners on the ground that in the agreement done before the Sub-Registrar office it is nowhere written that if the assessee fails to give possession to the flat owners he will be liable to pay compensation - CIT(A) set aside the issue to the file of the Assessing Officer with certain directions - submission of the assessee that after the amendment by the Finance Act, 2001 to the provisions of section 251(1)(a) the CIT(A) has no power to set aside the issue to the file of the Assessing Officer for reconsideration - HELD THAT:- CIT(A) should have decided the issue himself instead of setting aside the matter to the file of the Assessing Officer since he has no power to set aside the matter to the file of the Assessing Officer in view of the amendment to provisions of section 251(1)(a) by the Finance Act, 2001 w.e.f. 01-06-2001. We therefore are of the considered opinion that the matter requires re-visit to the file of the CIT(A) who shall decide the issue himself after obtaining a remand report from the Assessing Officer, if necessary. He shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. We hold and direct accordingly. Grounds raised by the assessee as well as the revenue are accordingly allowed for statistical purposes.
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