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2012 (8) TMI 354 - AT - Income TaxDisallowance u/s.80IB(1) - land being integral part of a housing project but did not belong to the assessee - Held that:- As decided in Commissioner of Income-tax Versus Radhe Developers [2011 (12) TMI 248 - GUJARAT HIGH COURT ]that the relevant terms of development agreement are to be examined so as to ascertain the terms on which the assessee was granted right of construction of a housing project to ascertain whether it was a “work contract” or a “Development Contract” - not the only criteria for allowing the claim u/s.80IB(10) but the domain over the land and the control over the project has to be examined by the AO - matter is going back for reconsideration, then the agreements connected to the land and the details of the approval granted by the local authority permitting to develop the housing project can also be examined if deem fit - in favour of revenue for statistical purposes.
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