TMI Blog2014 (12) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... the deduction, it is not necessary that the assessee, engaged in developing and construction of housing project, should be the owner of the property – thus, the order of the Tribunal is upheld – Decided against revenue. - Tax Case (Appeal) Nos.933 to 936 of 2014 - - - Dated:- 10-12-2014 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr. J. Naraynanaswamy Standing Counsel for Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, the Tribunal was right in holding that developer or builder, is eligible for claiming benefit under Section 80IB(10), and assessee can be treated as developer or builder, eligible for claiming benefit under section 80IB(10)? 4. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that assessee need not be a building cum developer for claiming de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction under Section 80IB(10)? 8. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that assessee is entitled for the deduction under Section 80IB(10) for the housing project with respect to flats with built up area not exceeding 1500 sq.ft. even though in the same housing project, the assessee had constructed flats exceeding built up area of 1500 sq.f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the purpose of considering the deduction, it is not necessary that the assessee, engaged in developing and construction of housing project, should be the owner of the property. 4. Hence, following the above-said decision of this Court, the above Tax Case (Appeals) are dismissed and the order of the Tribunal stands confirmed. No costs. Consequently, connected M.P.s are also dismissed. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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