9911796707
TMI Blog2019 (4) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the order of CIT(A)- 12, Pune, dated 12-02-2016 involving Assessment Year 2011-12. 2. Assessee raised the following grounds of appeal : "1. CIT(A) has erred rejecting/disallowing Appellants claim of deduction Rs. 9,74,91,682/- u/s.80IB(10), Appellant prays for allowing the same. 2. Appellant prays for just and equitable relief. 3. A.O. has erred in charging interest u/s.234B, same may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... At the outset, during the proceedings before us, ld. Counsel for the assessee submitted that this is a case where the assessee being a Builder earned income out of the said enterprise and claimed deduction of Rs. 9,74,91,682/- u/s.80IB(10) of the Act. During the assessment proceedings, AO denied the said claim for want of valid Completion/Occupancy certificate and other relevant evidences. The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016 and Commissioner AMC reinstated the Certificate dated 31-03-2012 on 03-04-2017 by revoking cancellation dated 28-09-2012. The Certificate of Occupation reinstated by the Commissioner of AMC dated 03-04-2017 could not be submitted before CIT(A) though he asked for it, as same was not then received. Further Appellant has obtained order sheets and file noting of AMC, which proves that constru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g cancellation dated 28-09-2012. AMC Commissioners reinstated Certificate, dated 03-04-2017. The office file notes of different departments AMC, particularly Fire Brigade etc. obtained under RTI, being new evidence which was not available during Assessment Appellate proceedings which goes to the root of the matter to prove that Housing Project was completed before 31-03-2012. Appellant humbl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order is setaside and the issue is remitted back to the file of AO for making assessment afresh. Needless to say, AO shall give reasonable opportunity of being heard to the assessee in accordance with set principles of natural justice. The grounds raised by the assessee are allowed for statistical purposes. 7. In the result, the appeal of the assessee is allowed for statistical purposes. Order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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