TMI Blog2021 (7) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... rations is available we had entered into an agreement with the Ganesh Planatation Ltd for construction of building on the land space owned by us . The said agreement was entered into on 26.6.2007 assigning them construction work. On the strength of this paragraph, Revenue is pleading that there is a contradiction in the finding of the Tribunal while taking note of the fact. There is no contradiction. Expression used in this letter is also of building on the land space owned by us i.e. Jay Corporation . This would talk of space i.e. development right on the land. It does not say absolute ownership of the land, and the Tribunal has appreciated this factual position ultimately in the order. Therefore, there is no apparent error in this o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rights and made observation that claim of the first party i.e. Jay Corporation about the possession and seizure of land is factually incorrect. A person can be in possession of a land and can be having development right without there being ownership. Thus facts have not been appreciated in right perspective by the Ld. Revenue authorities. The above findings of the ITAT contradicts the fact accepted by Jay Construction (Proprietor: Naresh M Shah) during assessment proceedings. From the submission made by Jay Construction (Proprietor: Naresh M Shah) before Assessing Officer, it is clear that he claimed to be owner of land and thus provided wrong facts to the Assessing Officer. So, the onus is on the assessee to prove his-claim of owner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would indicate that the Tribunal has appreciated a large number of documents including letter dated 23.12.2010 written by Jay Construction to the AO. The affidavit of Shri Naresh Muktilal Shah dated 23.12.2010 and copy of agreement dated 27.6.2007 entered into between the assessee and Jay Construction. On overall appreciation of all the documents in their setting as a whole, the Tribunal has recorded a finding that Jay Corporation was having development rights. As far as the letter referred by the Revenue dated 2.12.2010 is concerned, in this letter, in para-1 the following narrations is available we had entered into an agreement with the Ganesh Planatation Ltd for construction of building on the land space owned by us . The said agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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