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Meghal Developers, Bharuch vs Department Of Income Tax on 12 September, 2014 cites

The Commissioner Of Income Tax-I vs Radhe Developers - Opponent(S) on 13 December, 2011

"7. We have considered the rival submissions, perused the material available on record and gone through the orders of the authorities below and the judgments cited before us. First, we decide the appeal filed by the Revenue, i.e. ITA No.1221/Ahd/2012. As per this appeal, the Revenue's challenge is that the ld.CIT(A) was not justified in granting relief to the assessee by following the Tribunal decision rendered in the case of M/s.Shakti Corporation & Others in ITA No.1503/Ahd/2008 dated 07/11/2008. Now the judgement of Hon'ble Gujarat High Court is available on this issue, i.e. the judgement rendered in the case of CIT vs. Radhe Developers (supra). Regarding this judgment of Hon'bleJurisdictional High Court, it was submitted by the ld.DR of the Revenue that this judgment is not applicable because in that judgement of Hon'ble Gujarat High Court, it was observed vide paragraph No.31 of the judgement that no provision contained in other related statutes were brought to the notice of Hon'ble Gujarat High Court to demonstrate that ownership of the land would be a condition precedent for developing the housing project. He submitted that in the present case, the Revenue wants to bring this on record that as per "Gujarat Town Planning and Urban Development Act, 1976" and the Regulations framed thereunder, it is necessary that ownership of the land is a condition precedent for developing the housing project.
Gujarat High Court Cites 28 - Cited by 179 - A Kureshi - Full Document

Fourth Income-Tax Officer vs Shakti Samanta on 31 August, 1982

No difference in facts has been pointed out by the ld.DR of the Revenue in the present case and in the case of Shakti Corporation (supra). Therefore, we do not find any reason to take a contrary view than taken by the ld.CIT (A) in the present case on this aspect. Hence, both the aspects are decided in favour of the assessee and the grounds raised by the Revenue are rejected."
Income Tax Appellate Tribunal - Mumbai Cites 2 - Cited by 13 - Full Document

Parmar Builders & Devlopers,, Vapi vs Department Of Income Tax on 11 July, 2014

In this regard, in our considered opinion, the issue involved is squarely covered in favour of assessee by the decision of ITAT Indore Bench rendered in the case of M/s.Vardhman Builders and Developers vs. ITO (supra). It is noted by the Tribunal in that case that the assessee had entered into an agreement for a sale of land and a separate agreement for construction of the house on the land and, therefore, the facts are similar. Under these facts, it was held by the Tribunal in that case that the claim of the assessee for deduction u/s.80-IB (10) of the Act cannot be declined if other conditions are being satisfied.
Income Tax Appellate Tribunal - Ahmedabad Cites 4 - Cited by 5 - Full Document
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