9911796707
TMI Blog2013 (10) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... f income for A.Y. 2007-08 on 16.10.2007 declaring total income at Rs. 13,22,890/-. The case was selected for scrutiny and thereafter the assessment was framed under Section 143(3) vide order dated 08.05.2009 and the total income was determined at Rs. 31,65,510/-. Aggrieved by the order of A.O., Assessee carried the matter before CIT(A). CIT(A) vide order dated 12th August 2010 granted partial relief to the Assessee. Aggrieved by the aforesaid order of CIT(A), the Revenue is now in appeal before us and has raised the following effective ground :- 1. The learned CIT(A) erred in law and on facts in deleting addition of Rs. 18,42,620/- made by the Assessing Officer on account of disallowance of deduction u/s. 80IB(10) of the I.T. Act. 4. Duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the risks involved therein. He, thus, following the decision of Ahmedabad Tribunal in the case of Radhe Developers and others vs. ITO and the decision in the case of Shakti Corporation decided the issue in favour of the Assessee. Aggrieved by the order of CIT(A) the Revenue is now in appeal before us. 5. Before us, the ld. D.R. relied on the order of A.O. The Ld. A.R. on the other hand submitted that on identical facts in the case of Assessee for earlier years, the issue has been decided in favour of the Assessee by the Hon. Tribunal. He placed on record, the copy of a consolidated order of Tribunal dated 14.08.2013. He thus submitted that since the facts of the case in the year under appeal are identical to that of earlier years, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per the judgment of the Hon'ble Gujarat High Court in the case of M/s. Radhe Developers (supra), the vital question which is to be seen is this as to whether the assessee developer is having dominant control over the land in question and whether the assessee developer is bearing entire risk and entitled to the entire reward. In the light of these un-controverted facts as discussed above, in our considered opinion, all these pre-requirements are satisfied in the facts of the present case and, therefore, this judgment of the Hon'ble Gujarat High Court is squarely applicable in the present case and as per the same, the issue is covered in favour of the assessee. Respectfully following the same, we decline to interfere with the order of the le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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