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2017 (2) TMI 168 - ITAT CHENNAIAllowability of deduction u/s.80IB(10) - whether the assessee can be called as a “developer” within the meaning of sec.80IB(10) read with Explanation I herein above? - Held that:- The assessee is engaged in the construction work of buildings as a contractor and when the assessee’s job includes only controlling and directing the work of building construction as per plan and design by the land lord and hand over the constructed flats on behalf of the land lord to the eligible flat owners who have got registered undivided right in the property. It is only performed the work as a contractor and the assessee’s job is not included designing the project and selling of the project and the assessee would not get any share in the constructed area and in the undivided property and the assessee cannot be said to have invested its own money to carry on the project. Similar view has been taken by the Tribunal, Indore Bench in the case of M/s. Sky Builders & Developers vs. ITO [2011 (8) TMI 722 - ITAT INDORE ] for the assessment year 2006-07. The assessee is not eligible for deduction u/s.80IB(10) of the Act. The various case law relied on by the ld. AR is not applicable to the facts of the present case, as those judgments were delivered on its own facts - Decided against assessee.
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