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2013 (6) TMI 657 - ITAT AHMEDABADDeduction u/s. 80IB(10) r.w.s. 80IB(1) - CIT(A) directed the AO to allow the claim - Held that:- As decided in assessee/s own case in AY 2007-08 the dominent control over the project belonged to the assessee and the project was developed at the risk and the cost of the assessee. It has also been noted by the respected co-ordinate Bench that there was no contrary material placed on record from the side of the Revenue, therefore, there was no reason to take any other different view. Thus no grievance against directions given to the AO by CIT. Against revenue. Profit derived from sale of unutilized FSI - deduction u/s. 80IB(10) r.w.s. 80IB(1)allowed by CIT(A) - Held that:- As relying on cases of Radhey Developers [2007 (6) TMI 316 - ITAT AHMEDABAD] & Paritosh Infrastructure [2013 (6) TMI 437 - ITAT AHMEDABAD] the concept of element of unutilized FSI sold is imaginary and base on surmises and conjunctures. Against revenue.
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