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2014 (9) TMI 1244 - AT - Income TaxDeduction u/s.80IB(10) - legal relationship between the assessee and the end user of units was that of “work contract” - HELD THAT:- The undisputed facts in the present case are that the assessee-form sold the plots to various persons and after the sale is complete the assessee constructed residential tenements thereon. It is also not disputed that two separate agreements were executed by the assessee-firm. The case of the assessee is that it has developed the housing project and it has borne all risks and reward arising therefrom. Merely because the land was sold and the houses were constructed would not debar the assessee from claiming the deduction u/s.80IB(10) of the Act in view of the judgement of Hon’ble Jurisdictional High Court rendered in the case of CIT vs. Radhe Developers [2011 (12) TMI 248 - GUJARAT HIGH COURT]. Also decided in M/S. SATSANG DEVELOPERS VERSUS ACIT, CIRCLE-2(2), BARODA [2014 (5) TMI 184 - ITAT AHMEDABAD] assessee was entitled to the benefit u/s 80-IB (10) even where the title of the lands had not passed on to the assessee and in some cases, the development permissions may also have been obtained in the name of the original land owner - ownership of land is not a necessary condition for claiming the deduction u/s 80IB(10) - Assessee has acquired dominant control over the land, Assessee is responsible for incurring all the expenses and taking all the risks involved - Assessee is not a contractor - Decided in favour of assessee.
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