2011 (12) TMI 586 - AT - Income Tax

Summary

Issues involved: Appeal against the order of Learned CIT(Appeals)-XV, Ahmedabad directing deduction u/s.80IB(10) for Assessment Year 2007-08 based on ownership of land and development agreement.

Issue 1: Deduction u/s.80IB(10)
The assessee-firm claimed deduction u/s.80IB(10) of Rs. 33,99,602 based on a development agreement with the landowners. The Assessing Officer disallowed the claim as the assessee was not the owner of the land and its name did not appear on the permission letter. The matter was taken to the first appellate authority.

Issue 2: Ownership of Land and Development Agreement
The ld.CIT(A) noted that the investment risk was borne by the assessee and analyzed the clauses of the Development Agreement. It was held that since the assessee had dominant control over the project and undertook the risk, it was eligible for deduction u/s.80IB(10) citing a precedent decision of ITAT "A" Bench Ahmedabad in the case of Shakti Corporation for A.Y. 2005-06.

Judgment Summary:
The Appellate Tribunal ITAT Ahmedabad dismissed the Revenue's appeal against the order of Learned CIT(Appeals)-XV, Ahmedabad directing deduction u/s.80IB(10) for Assessment Year 2007-08. The Tribunal found that the assessee fulfilled the conditions for claiming the deduction based on the development agreement and ownership structure as per the precedent decisions of ITAT Ahmedabad. The Tribunal upheld that the assessee had dominant control over the project and bore the investment risk, making it eligible for the deduction. The Revenue's appeal was therefore dismissed, and the order was pronounced on 30/12/2011.