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2012 (12) TMI 296

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..... nt the ownership of the land - following the decision of the Gujarat High Court in Commissioner of Income-Tax V. Radhe Developers [2011 (12) TMI 248 - GUJARAT HIGH COURT] - case of Revenue was rejected and assessee is entitled to deduction u/s 80IB. - Tax Case (Appeal) Nos.137 and 138 of 2009 - - - Dated:- 2-11-2012 - MRS. CHITRA VENKATARAMAN AND MR. K. RAVICHANDRABAABU JJ. For appellant: .....

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..... s in both these Tax Case Appeals are engaged in the business of developing and construction of housing projects. As far as the assessee in T.C.No.137/2009 is concerned, we have already considered similar claim under Section 80IB of the Act in T.C.Nos.581 and 1186 of 2008 and 136 of 2009 in the case of Ceebros Hotels Pvt. Ltd. Vs. Deputy Commissioner of Income Tax and by order dated 19.10.2012, we .....

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..... x (Appeals) allowed the assessee's appeal, holding that Section 80IB of the Act did not warrant the ownership of the land. On further appeal before the Income Tax Appellate Tribunal at the instance of the Revenue, following the decision of the Gujarat High Court reported in (2012) 341 ITR 403 (Commissioner of Income-Tax V. Radhe Developers) and other orders of the Income Tax Appellate Tribunal, th .....

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