adjacent plots admeasuring 900 Sq. Mtrs each from 5 different owners
and starts a housing project. Although the total area of the plot ... there would be 5
separately demarcated plots of 900 Sq. Mtrs each and not on the plot of 4,500 Sq.
Mtrs. In such case
development of land into plots and for planning
management, supervision and execution of the same including sale of
plots/shops/constructed houses ... Club House, Gymnasium,
Swimming Pool, Tennis Courts and other common facilities and the plot
holders were also given exclusive rights individually and/or collectively
After developing the land into smaller plots, the total saleable area
or in other words, the net plotted area remained ... left for open space, roads, common
amenities, etc. For computation of Capital gains on the sale of the
net plotted area, the cost of acquisition
does not lay down that the plot having
minimum area of one acre must be a vacant plot.
25. The question, therefore; to be considered ... specifies the size of
the plot, but not size of housing project. The size of plot of land as
per section 80IB(10) must have
does not lay down that the plot
having minimum area of one acre must be a vacant plot.
25. The question, therefore, to be considered ... justified in reading the expression 'plot of land' in
Section 80IB (10)(b) as 'vacant plot of land' ?
26. The object
behalf of the intervenors, the expression 'housing
project' in common parlance would mean constructing a
building or group of buildings consisting of several ... common man. However,
in the absence of defining the expression 'housing projects
required to be constructed on a plot of land having minimum
area
2012
(Assessment Years 2005-06 and 2006-07)
Sunil Nandkishor Goyal,
Plot No.18-19, Priti Sudha Nagar,
Jalna .. Appellant
PAN No.AAWPG 1295K ... 1257/PN/2012
(Assessment Year 2006-07)
Nandkishor Teluram Goyal,
Plot No.18-19, Priti Sudha Nagar,
Jalna .. Appellant
PAN No.AAWPG 1289M
Vs.
ACIT
project as a single project.
b. The assessee had prepared and presented common accounts before
the I.T. Department. He further held that ... building project as two separate undertakings in
view of common management, common accounts, common
marketing etc.
d. That even though the project is complete
1572/PN/2011
(Assessment Year 2008-09)
Niki Agro Products Pvt. Ltd.,
Plot No.V/191/1,
MIDC, Jalgaon- 425 003 .. Appellant
PAN No.AABCN ... 1461/PN/2012
(Assessment Year 2008-09)
Niki Agro Products Pvt. Ltd.,
Plot No.V/191/1,
MIDC, Jalgaon- 425 003 .. Appellant
PAN No.AABCN
2011
(Assessment Years : 2003-04 to 2005-06)
Samriddhi Industries Limited,
Plot No. J-98, MIDC, Kupwad,
Sangli.
PAN : AABCM8805D .... Appellant
Vs.
CIT (Appeals), Kolhapur ... captioned three appeals relate to the same assessee and involve a
common issue, therefore they have been clubbed and heard together and a
consolidate order
