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TMI Blog2012 (12) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... . Jehangir D.J. Mistri Senior Advocate for M/s. A.S. Sriraman JUDGMENT CHITRA VENKATARAMAN, The Revenue is on appeal as against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, dated 28th March 2008 in ITA.No.1228/Mds/2007 and ITA.No.1229/Mds/2007 relating to the assessment year 2004-05. The following is the common question of law arising in both the Tax Cases: " Whether on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of claiming deduction, it is not necessary that the assessee, who is engaged in the business of developing and construction of housing project, should be the owner of the land. Thus, applying the above-said decision, we reject Tax Case Appeal No.137/2009 filed by the Revenue. 3. As far as T.C.(A) No.138/2009 is concerned, the assessee is a different assessee. Here too, the claim is only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Since we have already taken a view that for the purpose of deduction under Section 80IB of the Act, the assessee, who is engaged in the business of developing and construction of housing projects, need not be the owner of the land, applying the decision 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 under order dated 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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