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2023 (7) TMI 1165 - BOMBAY HIGH COURTDeduction u/s. 80IB(1) - Assessee was not the owner of the land and the approval of the project was not in the name of Assessee - HELD THAT:- As decided in Green Associate [2018 (9) TMI 1181 - GUJARAT HIGH COURT] Assessee had undertaken a development of the project at its own risk and cost and therefore, the Assessee was entitled to the deduction as claimed. The Court also held that just because the land was in the name of the original owner when the housing development project was executed would not be detrimental to Assessee’s claim of deduction under Section 80IB(10) of the Act. Therefore, in our view the section does not prescribe anywhere that the commencement certificate should be in the name of Assessee. What is required to be seen is whether Assessee has developed the project during the year under consideration and offered the income from the project for tax. Admittedly the Assessee has developed the project. No substantial questions of law arises.
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