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TMI Blog2014 (3) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 80IB(10), there is no bar for development to developing Housing Project on approved site - the approved site may be in the name of different persons who has sold this approved project to another developer and who within the time-limit prescribed u/s. 80IB(10) of the Act has completed the project - the Tribunal confirmed that the claim of assessee - a buyer in law is a representative of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing views: We are of view that in the provisions of Section 80IB(10), there is no bar for development to developing Housing Project on approved site. The approved site may be in the name of different persons who has sold this approved project to another developer and who within the time-limit prescribed u/s. 80IB(10) of the Act has completed the project. In such circumstances, we are of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xistence as the alleged plan for construction over two separate pieces of land owned by two different vendors? At the very outset Mr. Bhowmick conceded that the requirement to obtain sanction of a building plan from the Zila Parishad was introduced by a notification dated 19th August, 2006. Prior thereto, the Pradhan was entitled to grant such sanction. Therefore, the first question has not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanctioned plan, therefore, he cannot claim any benefit of Section 80IB(10). Ms. Agarwal learned Advocate appearing for the assessee submitted that on a plain reading of Section 80IB(10) it does not appear that the benefit can be extended only to a developer who holds the sanctioned plan in his name. She submitted that the department cannot refuse to give the benefit otherwise than in accordan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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