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2017 (5) TMI 1420 - ITAT AHMEDABADDeduction u/s 80IB(10) - whether the assessee is a developer - assessee was not the owner of the land on which the project was constructed and approval by the local authority was not granted to the assessee but to the land owner - Held that:- The business model adopted by the assessee does not vitiate the claim of deduction under section 80IB(10) but then the Assessing Officer has primarily declined the deduction with that basic approach. There is no dispute regarding assessee having taken the entrepreneurial risk and acted as an entrepreneur rather than as a contractor, and that is what is relevant. In view of the above discussions, as also bearing in mind entirety of the case, we approve the conclusions arrived at by the learned CIT(A) and decline to interfere in the matter.
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