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2016 (4) TMI 421 - AT - Income TaxDisallowance u/s 801B(10) - Held that:- The statement given by one of the partners stating during survey proceedings that there is wrong claim made u/s. 80IB of the Act and offering the same for taxation has no evidentiary value unless there is corroborative evidence on record suggesting that the claim of the assessee is wrong. In the absence of any evidence on record, these statements cannot be a conclusive piece of evidence for withdrawing the deduction. In so far as the disallowance u/s. 80IB(10) of the Act in respect of Bldg. No. 23 & 24 of Samartha Angan is concerned, the Addl CIT directed the AO to disallow the claim solely on the basis of the statement of Shri Abhiram Bhattacharjee, one of the buyer who gave statement at the time of survey, who bought the residential unit in 2007. This statement was also retracted later on by Mr. Abhiram Bhattacharjee stating that the statement was taken in the course of survey was on a spur of moment when he visited the builders office for personal work. The statement was given under tension on account of office related work. By letter dated 23.12.2007, Shri Abhiram Bhattacharjee alongwith his wife Sucharita Bhattacharjee and Shri Ajit Bhattacharjee have stated that they have purchased three different residential flats bearing flat Nos. 1407, 1408 & 1409 from the assessee in the year 2007. The flat was purchased in the joined names. It was stated that three flats were purchased by separate sale deeds and was registered separately as separate residential unit. It was stated that the three units were purchased by the family members in joint names and possession was taken as per sale deeds separately in respect of flats. They have further stated that three units were amalgamated and joined together after their purchase. We find that except the statement given by Mr.Abhiram Bhattacharjee in the course of survey that he had purchased the residential unit having more than 1000 Sq. ft, there is nothing on record to suggest that assessee has sold flats with built-up area of more than 1000 Sq. ft. Mr.Abhiram Bhattacharjee himself later on said that the flats were purchased by separate sale deeds and subsequently they have joined the flats on their own at their own cost. There is no evidence on record to suggest that the builder has constructed the residential unit with a built-up area of more than 1000 Sq. ft. in violation of the master plan and sold to the purchasers. There is no dispute infact that as per the approved plans built up area of each residential unit is less than 1000 Sq. ft, and the residential units were sold by executing separate sale deeds. In such circumstances, merely because the purchaser has joined the flats and the built-up area of the flat is exceeded more than 1000 Sq. ft., the assessee cannot be denied benefit u/s. 80IB(10) of the Act. Thus we uphold the order of the Ld. CIT(A) in deleting the disallowance made u/s. 80IB(10) of the Act both in respect of Bldg. No. 23 & 24 of Samartha Angan and Samartha Krupa. - Decided in favour of assessee.
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