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2016 (10) TMI 53 - GUJARAT HIGH COURT

2016 (10) TMI 53 - GUJARAT HIGH COURT - TM - Disallowance 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 formin .....

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k 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 .....

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as admitted for consideration of following substantial question of law: Whether the Appellate Tribunal is right in law and on facts in deleting the addition made on account of disallowance of claim of the assessee under section 80IB to the extent of ₹ 48,96,000/- out of the total claim of ₹ 1,93,06,458/-? 2. In Tax Appeal No. 671 of 2016, since the identical question arose, we had posted the said tax appeal for further hearing alongwith Tax Appeal No. 546 of 2011. Though served in bo .....

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nd amounted to development of single housing project. Together this project fulfilled all conditions of deduction under Section 80IB(10) of the Act. The Assessing Officer confronted the assessee with the fact that Geet Gunjan Vatika and Geet Gunjan Residency were two separate societies and the same should not be considered as a common housing project. The assessee contended that the permission for development of the land was common. The housing development permission was also granted common and .....

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esidency and Geet Gunjan Vatika are two different residential units. Both the societies were situated at a distance of about half a kilometer in different campuses. He recorded that the Geet Gunjan Residency was located behind Pushkar Dham society whereas Geet Gunjan Vatika was situated behind the Aalap Century. Thus, both the societies were constructed separately at separate locations and were situated at fair distance between the two. Having thus, bifurcated two projects for separate considera .....

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re constituted would not mean that the projects were separate. He noted that all the permissions granted by the authorities were common. Secondly, he agreed that the assessee was not allowed to bifurcate the plot. He was of the opinion that both the projects were situated on a land which formed a composite block. Inter alia on such grounds, he overruled the Assessing Officer's objection to treat the two projects as one. 6. This logic in slightly different form was adopted by the Tribunal whi .....

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