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3. Briefly stated relevant facts are that the assessee is an individual and is engaged in the business of Promoters and Builders. Assessee filed the return of income on 21-09-2012 declaring total income of Rs.46,79,003/-. Assessee undertook a residential house project named "Swagat Enclave, situated at S.No.8/2/1 located at Ambegaon Khurd, Jambhulwadi, Pune - 46 and claimed deduction of Rs.5,31,73,220/- u/s.80IB(10) of the Act for the year under consideration. In the assessment proceedings u/s.143(3) of the Act, dated 28-02-2015, AO relying on the earlier assessment orders for the A.Yrs. 2009-10 to 2011- 12 (Para Nos. 3.1 to 3.3 of the assessment order) rejected the assessee's claim and made addition of Rs.5,31,73,220/-. Eventually, AO determined the income at Rs.5,78,57,220/-. AO held that the assessee failed to qualify the condition relating to 'one acre' of the plot of land. AO excluded certain areas meant for common amenities.