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TMI Blog2013 (11) TMI 1762X X X X Extracts X X X X X X X X Extracts X X X X ..... kund Bakshi Revenue by: Shri P.L.Kureel, Sr.DR ORDER Shri A.K.Garodia: Both these appeals are assessees' appeals which are directed against two separate orders of ld.CIT (A)-V Baroda both dated 21/11/2012 in respect of two different Assessees, i.e. M/s. Sagar Associates and M/s. Sagar Builders for Asst. Year 2005-06. Since the issue involved is common and identical, both these appeals wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant, though developing and building residential houses cannot be said to have fulfilled the conditions for the claim of deduction u/s.80IB(10) as in sale of the houses, the appellant has executed the sale deed of the incomplete house and that the execution of construction agreement for construction of the incomplete house would render the appellant ineligible for the claim of deduction u/s.80IB(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. It was agreed by both the sides that, in both the appeals, the claim of the assessee(s) regarding deduction u/s.80-IB(10) of the Act was disallowed by ld.CIT(A) on this basis that the assessee sold the plot separately and completed the construction work separately and, therefore, not eligible for deduction u/s.80-IB(10) of the Act. 4. Learned AR of the assesse submitted that the issue invol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision in that case. Both the sides agreed to this proposition. 5.1 As per the recent Tribunal order rendered in the case of Satsang Developers (supra), this issue was decided by the Tribunal in favour of the assessee by following the Tribunal decisions: Sl.No(s) Decision in the case of.... Reported in.... 1. DCIT vs. SMR Builders (P.)Ltd. (2012)24 Taxman.com 194 (Hyd.) 2. M/s.Vardhman Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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