TMI Blog2022 (5) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... Registered Valuer on the ground that it is only purchase of right to access not purchase of land, this remain un-controverted by the assessee. Departmental Valuer also mentioned in the report that 7/12 extracts were not produced and the report submitted by the Department clearly mentioned that even on actual measurement the area of land is only 4000 sq.mtrs. which is less than 1 acre. It is not the case of the appellant that the report of the valuer as relied upon by the Department without giving an opportunity of hearing. Thus, the appellant had failed to prove that the area of land is more than 1 acre which is a condition precedent for availing the benefits of deduction u/s 80IB(10) of the Act. In the circumstances, we do not find any mer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Acre. 2.3] The Ld. CIT(A) failed to appreciate that both Ld. AO as well as valuer appointed u/s. 131(1)(d) of the Act have erred in not considering the land area of access road purchased by the appellant subsequently for which easement rights were available with the assessee right from the beginning. 3] Without prejudice, the Ld. CIT(A) has further erred in holding that the order of Town Planning Authority will prevail over that of Gram Panchayat, even when he himself has accepted Gram Panchayat as competent authority. 4] The appellant reserves its right to add, alter, amend or withdraw any ground of appeal either before or at the time of hearing of this appeal. 3. Briefly, the facts of the case are as under : The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. CIT(A), the appellant is in appeal before us with the above extracted grounds of appeal. 6. When the matter was called on, none appeared on behalf of the appellant-assessee despite due service of notice of hearing. However, the appellant had filed written submission vide letter dated 29.03.2022. 7. On the other hand, ld. CIT-DR also filed the written submission. 8. We have carefully gone through the written submissions filed by both the parties and heard the ld. CIT-DR. The issue in the present appeal relates to the allowability of deduction u/s 80IB(10) of the Act. The Assessing Officer denied the exemption u/s 80IB(10) only on the ground that the plot of land on which the housing project was constructed is less than the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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