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2015 (8) TMI 1017 - AT - Income TaxEligibility of deduction u/s 80IB(10) - profit derived from sale of unutilized FSI - whether not being the element of profits derived from the business activity of development and construction of the housing project - CIT(A) allowed deduction - Held that:- As decided in assessee's own case for A.Y:2007-08 [2010 (8) TMI 928 - ITAT AHMEDABAD] concluded that the respective assssees had dominant control over the projects and developed the land at their own risk and costs and therefore, were eligible for deduction u/s 80IB(10) of the Act. See M/s. Sahkti Corporation case [2008 (11) TMI 436 - ITAT AHMEDABAD ] and M/s. Radhe Developers [2007 (6) TMI 316 - ITAT AHMEDABAD ] - Decided against revenue. Addition u/s. 40(a)(ia) - disallowance of payment to contractors - TDS not deposited within the time prescribed - CIT(A) deleted disallowance - Held that:- The provision of Section 40(a)(ia) has wrongly been invoked in the case of the assessee, therefore, the disallowance of expenditure was wrongly made as the amended provisions of section 40(a)(ia) are to be due date of filing of the return and thus no disallowance should be made. We hereby affirm the view taken by learned CIT(A). This ground of the Revenue is hereby dismissed. - Decided against revenue.
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