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2019 (2) TMI 1411 - AT - Income TaxDisallowance of claim of the assessee u/s 80IB(10) - the built-up area of the flats are less than 1000 sq,ft or not - reliance of report of DVO - HELD THAT:- In view of the report of the DVO filed before us and in view of the law relied upon the Ld. Representative of the assessee in the case of M/s.Nahar Enterprises Vs. DCIT [2017 (4) TMI 913 - ITAT MUMBAI] we are of the view that the CIT(A) has wrongly confirmed the finding of the AO which is not liable to be sustainable in the eyes of law. Therefore, we set aside the finding of the CIT(A) on this issue and directed the AO to allow the claim of the assessee u/s 80IB(10) of the Act fully. Accordingly, these issues are decided in favour of the assessee and against the revenue. Addition Car Parking sale - some documents seized during the search notable the hard disc shows that several parking are not mentioned in the agreement to sale - HELD THAT:- We noticed that the as per the seized documents, parking places have either been sold along with the flats or separately. When the car parking is sold along with the flats, the same is shown under the column ”Included”. When car parking is not included the said sale is shown under the column “Not included”. The sale of parking has been shown at ₹ 3,13,30,000/- in the books of account. The assessee has also declared sale of car parking in the next year also. We notice that the CIT(A), after the examination of books of accounts, seized material and submission of the assessee, has allowed the claim of the assessee. The facts were not distinguished before us nor any material was placed to contradict the finding given by CIT(A). Therefore, we are of the view that the finding of the CIT(A) on this issue is upheld. - Decided against Revenue
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