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2018 (12) TMI 1218 - HC - Income TaxEntitlement to deduction u/s 80IA - interest income from deposit, Miscellaneous Income and other rent - Held that:- For the claim for exemption u/s 80IA it requires interpretation of the documents and how the income was treated in the hands of the assessee and how the contracting parties understood the transaction, whether the notification issued by the Government of India mandates the provision of other amenities and facilities and whether these amenities and facilities are integral part of the infrastructural project, are all factual matters to be decided by the Assessing Officer. Though the Revenue would contend that the documents were not placed before the Tribunal, we do not want to shut out the assessee on technicalities, as the issue is a recurring issue and the endeavour should be to give a quietus to the issue and to ensure that the correct income is taxed at the hands of the assessee. Thus, for the above reasons, the order passed by the Tribunal on the above issue is set aside and the matter is remanded to the Assessing Officer for fresh consideration. The assessee is granted liberty to place all the documents before the Assessing Officer, who shall consider that issue afresh. So far as the sample Lease Deed is concerned, we are fully conscious of the fact that it is dated 12.07.2010 and obviously the assessee could not have produced the same either before the Assessing Officer or before the CIT(A) or before the Tribunal, because, all the proceedings concluded in the year 2008 itself - assessee is at liberty to produce the copies of the relevant documents
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