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2014 (6) TMI 704 - ITAT AHMEDABADDisallowance of claim of deduction u/s 80IB(10) of the Act – Housing project – Held that:- As decided in assessee’s own case for the earlier assessment year, it has been held that the appellant has satisfied all the three conditions required for deduction u/s 80IB of the Act - in the case of contractors who have been held to be entitled to deduction u/s 80IB which has been denied solely on the ground that the land was not owned by the developer - The activity of the development has been carried on by the contractor-developer as per the agreement entered into with the land owners which carried on the developmental activity in terms of the agreement - simply because the land was not owned by the developers it has consistently been held is not a relevant criteria to disallow the deduction claimed – Relying upon Commissioner of Income-tax Versus Radhe Developers [2011 (12) TMI 248 - GUJARAT HIGH COURT] – the order is set aside and the assesse is entitled for the claim of deduction u/s 80IB(10) of the Act – Decided in favour of Assessee.
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