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2016 (10) TMI 53 - HC - Income TaxDisallowance of claim of the assessee under section 80IB - ITAT allowed the claim - Held that:- Having heard learned counsel for the Revenue we notice that the Assessing Officer had material at his command to suggest that the two societies were situated at distance of nearly half a kilometer apart from each other, both at different locations and going by the material, at the command of the Assessing Officer were certainly not situated on a land forming common block. The Commissioner, without referring to such evidence, went by the recording of the land development permission which contained a condition that the owner would not be allowed to divide the land. Though this would be a relevant consideration it is not unknown that such conditions imposed by the Revenue authorities come in printed proforma and are in cyclostyled manner. Whether that by itself established that both the housing projects were developed on a land forming composite block building would be a matter of appreciation of materials on record which, in the present case, would also include the evidence at the command of the Assessing Officer suggesting that physically societies were situated far apart from each other. The Commissioner and the Tribunal did not advert to this evidence at all and thus, committed a serious error. Under the circumstances, let the matter be re-examined by the Appellate Commissioner, for which purpose, both the impugned orders are set aside and the appeals are placed back for fresh consideration and disposal in accordance with law before the Commissioner (Appeals).
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