Gujarat High Court
Income Tax Officer Ward-4 Baroda vs Sharda Realtors Private Limited - ... on 29 June, 2011
Author: Akil Kureshi
Bench: Akil Kureshi
TAXAP/91/2010 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 91 of 2010
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INCOME TAX OFFICER WARD-4 BARODA - Appellant(s)
Versus
SHARDA REALTORS PRIVATE LIMITED - Opponent(s)
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Appearance :
MR KM PARIKH for Appellant
None for Opponent
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CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE Ms. JUSTICE SONIA GOKANI
29th June 2011
ORAL ORDER (Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
Tax Appeal is admitted for consideration of following substantial questions of law :-
[A] "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in allowing deduction under Section 80IB (10) r.w.s 80IB (1) to the assessee when the approval by the local authority as well as completion certificate was not granted to the assessee but to the landowner and the rights and the obligations under the said approval were not transferable, and when the transfer of dwelling units in favour of the end-users was made by the landowner and not by the assessee ?"
[B] "Whether, on the facts and in the circumstances of the case and law, the ITAT was right in allowing deduction u/s. 80IB (10) of the Act for A.Y 2005-06 to the assessee, when the commercial area is 7149 sq.ft., which is more than 2000 sq.ft., as per amended provisions of Section 80IB (10) ?"
To be heard with Tax Appeal No. 546 of 2008.
{Akil Kureshi, J.}
{Ms. Sonia Gokani, J.}
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TAXAP/91/2010 2/2 ORDER
Prakash*
HC-NIC Page 2 of 2 Created On Thu Jun 16 02:17:42 IST 2016