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2014 (7) TMI 564 - HC - Income TaxDeduction u/s 80IB of the Act – Assessee contractor or developer - AO was of the view that assessee was a contractor of land owners / cooperative housing society, which is a separate legal entity, which through the Development Agreement assigned the construction work of tenements to the assessee – Held that:- CIT(A) as well as Tribunal was of the view that the assessee is a developer – Tribunal relied upon the assessee’s own case for the earlier assessment year, wherein it has been held that, the assessee was not found violating any of the conditions stipulated in section 80IB(10) – Relying upon COMMISSIONER OF INCOME TAX VS. RADHE DEVELOPERS [2011 (12) TMI 248 - GUJARAT HIGH COURT] – thus, no error has been committed by the Tribunal in dismissing the appeal preferred by the Revenue and confirming the order passed by the CIT(A), granting deduction to the assessee, as claimed, u/s 80IB of the Act – Decided against Revenue.
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