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2015 (10) TMI 1599 - AT - Income TaxDisallowance u/s.80IB(10) - CIT(A) allowed the claim - Held that:- We find that the ld.CIT(A) has given categorical finding that the assessee has met the test laid by the Coordinate Bench in the case of Shakti Corporation (2008 (10) TMI 550 - ITAT, AHMEDABAD) and also the risk and consequences in developing the project are borne by the assessee. Reliance is also placed on the judgement of Hon’ble Gujarat High Court rendered in the case of CIT vs. Radhe Developers [2011 (12) TMI 248 - GUJARAT HIGH COURT]. Therefore, we do not see any reason to interfere with the order of the ld.CIT(A), same is hereby upheld. - Decided in favour of assessee
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