2018 (9) TMI 1181

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..... AKIL KURESHI) 1. These Tax Appeals arise in common background. We may record facts from Tax Appeal No. 1154 of 2018. 2. Revenue has filed this appeal against the judgement of the Income Tax Appellate Tribunal dated 13.02.2018 raising following questions for our consideration: "(a) Whether on the facts and in circumstances of the case, the learned ITAT has erred in law and on facts in allowing .....

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..... it cannot be held that the project as a whole has been developed and build by the assessee so as to make it eligible for deduction under section 80IB(10) of the Act as developer of Housing Project?" 3. The respondent is engaged in the business of housing development. For the assessment year 2010-11, the assessee had claimed deduction in respect to the income arising out of such activity under se .....

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..... out by a Division Bench judgement of this Court in case of Commissioner of Income Tax vs. Radhe Developers reported in 341 ITR 403. The Court took note of various development agreements executed by the assessee in favour of individuals claiming that they had been engaged in the activity of housing development. Revenue's contention, that the nature of activities carried on by the assessees woul .....

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