2014 (11) TMI 556

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..... owner of the land alone would be entitled for grant of deduction under Section 80IB(10) - Therefore, assessees were entitled to the benefit u/s 80IB(10) even where the title of the lands had not passed on to the assessees and in some cases, the development permissions may also have been obtained in the name of the original land owners - for the purpose of considering the deduction, it is not neces .....

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..... itions laid down under Section 80IB(10) and is eligible for deduction under Section 80IB(10)? 2. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that assessee cannot be treated only as a contractor as per the terms of the agreement between the owner of the land and the assessee for the purpose of claiming benefit under Section 80IB? 3. Whether on .....

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..... in holding that assessee is entitled for deduction under Section 80IB(10) even though the construction work was outsourced to a subcontractor? 7. Whether on the factss and in the circumstances of the case, the Tribunal was right in holding that area of private terrace had to be excluded from the built up area of flats in the light of the definition for the arriving at the eligible built up are .....

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..... housing project, the assessee had constructed flats exceeding built up area of 1500 sq.ft. 10. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the provisions of Section 80IB(10) provide for partial deduction to the housing project with respect to the residential flats with built up area of less than 1500 sq.ft. where the same project contains fl .....

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..... f 2011 and 314 315 of 2012 dated 01.11.2012 in favour of the assessee and against the Revenue holding that for the purpose of considering the deduction, it is not necessary that the assessee, engaged in developing and construction of housing project, should be the owner of the property. 4. Hence, following the above-said decision of this Court, the above Tax Case (Appeals) are dismissed and t .....

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