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TMI Blog2019 (4) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... tor) who is clearly barred from the deduction u/s. 80IB ? - HELD THAT:- Nothing contained in clauses (a) or (b) of Section 80IB(10) would apply to the housing project carried out in accordance with a scheme framed by the Central Government or a State Government for re construction or re development of existing building in areas, declared to be slum areas under any law for the time being in force a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AKIL KURESHI And M.S. SANKLECHA, JJ. Mr. Suresh Kumar, for the Appellant. None for the Respondent ORDER P.C: This appeal filed by the Revenue to challenge the judgment of the Income Tribunal (in short the Tribunal ). Following question is presented for our consideration: Whether on the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pment of a plot of land at Kasewadi, Pune, for which, the contract was awarded to the assessee by the Slum Rehabilitation Authority (in short SRA ). The Assessing Officer was of the opinion that, deduction under Section 80IB (10) of the Act not allowable since assessee was not engaged in development of housing project but was acting as contractor. Eventually, the issue reached the Tribunal. The T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r notice that, in M/s. Soanasha Enterprises (supra) case, the Tribunal was considering transfer of development rights whereas in the present case, the facts were even better in the sense that, the assessee was awarded contract by the SRA under Slum Rehabilitation Programme. 4 We further notice that, Section 80IB(10) of the Act, grants deduction in a case of undertaking, developing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf. Thus, the schemes as duly notified by the board for redevelopment of slum areas, have been given special concession, given their special requirements. Once such a notification as referred to in the said proviso is issued by the CBDT, requirements of clauses (a) and (b) of Section 80IB(10) of the Act would not apply to such projects. In the present case, we may re call such notification has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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