TMI Blog2018 (9) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... s issues arising out of the claim of different assessee's under section 80IB(10) came to be thrashed out in case of Commissioner of Income Tax vs. Radhe Developers [2011 (12) TMI 248 - GUJARAT HIGH COURT] wherein took note of various development agreements executed by the assessee in favour of individuals claiming that they had been engaged in the activity of housing development. Revenue's cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 - - - Dated:- 17-9-2018 - MR AKIL KURESHI AND MR B.N. KARIA, JJ. For The Petitioner : MR.VARUN K.PATEL (3802) ORAL ORDER ( PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These Tax Appeals arise in common background. We may record facts from Tax Appeal No. 1154 of 2018. 2. Revenue has filed this appeal against the judgement of the Income Tax Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the fact that 70% of the sale proceeds of the project were the work contract receipts and no entrepreneurial and investment risk was taken by the assessee in respect of the project and therefore it cannot be held that the project as a whole has been developed and build by the assessee so as to make it eligible for deduction under section 80IB(10) of the Act as developer of Housing Project? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of similar assessee and confirmed the decision of CIT (A) allowing the claim. 4. Various issues arising out of the claim of different assessees under section 80IB(10) of the Act came to be thrashed out by a Division Bench judgement of this Court in case of Commissioner of Income Tax vs. Radhe Developers reported in 341 ITR 403 . The Court took note of various development agreements exe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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