TMI Blog2017 (7) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal dismissed - D.B. Income Tax Appeal No. 120/2016, 118/2016 - - - Dated:- 4-7-2017 - Mr. K.S. Jhaveri And Mr. Inderjeet Singh JJ. For the Appellant(s) : Mr. Anuroop Singhi with Mr. Aditya Vijay For the Respondent(s) : Mr. Siddharth Ranka with Mr. Mohd. Iqbal JUDGMENT 1. In both these appeals, common question of law and facts are involved, they are decided by this common ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see when neither he undertook development and construction of the housing project as required in Clause-ii of explanation to Section 80IB(10)(a) was furnished by the assessee? 3.2 Appeal No.118/2016 admitted on 31.01.2017 (i) Whether the Tribunal was justified in holding assessee as the developer and thereby allowing deduction u/s 80IB(10) of ₹ 2,54,89,737/-, ignoring the specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 The issue agitated before tribunal as regard to previous year, the issues is discussed in Income Tax appeal No.470/2009, which we have decided today but there is no reference of price in the same. In our view in CIT(A) and the tribunal have committed an error in not referring to the price in the previous year. 4.2 Therefore, the matter is required to be remitted back to the tribunal only on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eated as the housing project. We may also point out that the High Court had made observations in the context of Development Control Regulations (hereinafter referred to as DCRs in short) under which the local authority sanctions the housing projects and noted that in these DCRs itself, an element of commercial activity is provided bu the total project is till treated as housing project. a. Up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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