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TMI Blog2014 (1) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... fits u/s. 80IB(10) of the Act even where the title of the lands had not passed on to the assessee and in some cases the development permission may also have been obtained in the name of the original land owners - Decided against Revenue. - TAX APPEAL NO. 206 of 2009 - - - Dated:- 26-12-2013 - MR. SHAH AND MR. R.D.KOTHARI, JJ. FOR THE APPELLANT : MRS MAUNA M BHATT, ADVOCATE For The RESPO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able, and when the transfer of dwelling units in favour of the end users was made by the landowner and not by the assessee? 2. That the assessee is engaged in the construction activities and filed its return of income for the year under consideration declaring total income of Rs.10,37,430/- after claiming deduction u/s. 80IB of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Officer, disallowing the deduction u/s. 80IB(10) of the Act, the assessee preferred an appeal before the learned CIT(A) and the learned CIT(A) upheld the disallowance made by the Assessing Officer. 4. Feeling aggrieved and dissatisfied with the order passed by the CIT(A), the assessee preferred the appeal before the learned ITAT and by impugned judgment and order, the learned ITAT has allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roval were not transferable, and when the transfer of dwelling units in favour of the end users was made by the landowner and not by the assessee? 6. Heard Ms. Mauna Bhatt, learned advocate appearing on behalf of the appellant and Shri Soparkar, learned counsel appearing on behalf of the respondent assessee. 7. Shri Soparkar, learned counsel appearing on behalf of the assessee has vehemently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad not passed on to the assessee and in some cases the development permission may also have been obtained in the name of the original land owners. Applying the ratio of the decision in the case of Radhe Developers (supra) to the facts of the case on hand, the question raised in the present Tax Appeal is answered against the Revenue. 9. Under the circumstances, present appeal deserves to be dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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