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2016 (5) TMI 249 - AT - Income TaxEligibility of deduction u/s.80IB(10) - CIT(A) had denied the claim of deduction for the reason that assessee had not complied with the conditions stipulated under clause (a), (b) & (c) of Section 80IB(10) of the Act and the basis such conclusion was DVO's report - It is CIT(A)’s observation that assessee has constructed only on 5686.74 sq.mtrs., but on the other hand, it is assessee’s contention that it has developed on the area of 8838.74 sq. mtrs. of land and for which, support is drawn by ld. A.R. on the certificate being no. 1870 dated 9th September, 2010 issued by Ahmedabad Urban Development Authority (AUDA) - Held that:- On perusal of the aforesaid certificate, it is seen that the certificate has been issued by AUDA on 09.09.2010 whereas the impugned order of ld. CIT(A) is dated 04.06.2010 meaning thereby that when the order was passed by ld. CIT(A), the aforesaid certificate issued by AUDA was not before her and therefore she did not have the benefit of the aforesaid certificate. Further on perusal of the certificate, it is seen that it gives details about the area of land, permission number, approved built up area, date of approval etc. which are important factors which would go in determining the eligibility of assessee for deduction u/s.80IB(10) of the Act. In such a situation, in the larger interest of justice, we are of the view that the issue about deduction u/s.80IB(10) of the Act needs to be re-examined in the light of the aforesaid certificate issued by AUDA and in accordance with law - Decided in favour of assessee for statistical purposes.
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