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2016 (3) TMI 1058 - AT - Income TaxDisallowance of deduction u/s.80IB(10) - claim of the assessee was disallowed mainly for the reason that assessee did not own the land on which the project was constructed and the assessee was a works contractor and that the approval for construction of residential units was given by the local authority to the land owners and not to the assessee - CIT(A) allowed the claim - Held that:- CIT(A) after considering the submissions of the assessee and remand report from the Assessing Officer has given a finding that assessee had practically purchased the land. Ld. CIT(A) further after perusing the development agreement has given a finding that the assessee was having dominant control over the land and was found to have been fulfilling the tests laid down by the Tribunal in the case of M/s. Shakti Corporation [2008 (11) TMI 436 - ITAT AHMEDABAD ]. Before us, Revenue has not brought any material on record to controvert the findings of ld. CIT(A) and has not brought on record any contrary binding decision. In view of the aforesaid facts, we find no reason to interfere in the order of ld.CIT(A) - Decided against revenue
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