Dcit, New Delhi vs M/S. Dlf Ltd., New Delhi on 27 May, 2019
IN
developers in respect of same Developer, i.e., M/s DLF Limited as the
representative of the DoR pointed out that the co-developer agreement ... bare shell buildings to the co-developer, i.e. DLF Commercial
Developers Ltd. in accordance with the codeveloper agreement, is against the spirit
operations of the Co-Developer. (copy enclosed at paper book pages
58-59)
(vii) Copy of definitive Co-Developer Agreement dated 20th Mar,
2008. (copy ... Infocity Developers Vs. ACIT
the details for transfer of cold/bare shell by the assessee to the notified
co-developer;
b) Agreement for lease
shell buildings to the co-developer, i.e. DLF
Commercial Developers Ltd. in accordance with the co-
developer agreement, is against the spirit ... approval of
authorized operations of the co-developer.
7. Copy of definitive Co-developer Agreement dated 20th May
2008."
11. He also took
developer to inter into a
project, recognizes and treats the co-developer at par with developer and defines
"co-developer" under Section ... addendum entered into between the
assessee and co-developer for appointment of co-developer agreement was
approved by SEZ authorities vide their approval letter dated
Approval dated 01/06/2009 granted to Co-developer by BOA
approving the definitive Co-Developer Agreement dated
20/03/2008.
15.3 The thrust ... including any
Infrastructure developed by the Developer
The assessee has also developed infrastructure utilities
under the said Co-developer agreement vide clause 1.1.17
read with
specifically
allows of co-developer in the main developer and defines "co-developer' under Section ... addendum entered into
between the assessee and co-developer for appointment of co-developer agreement was
approved by SEZ authorities vide their approval letter dated
floor of Design Pavilion-II and entered into Buyer
Developer Agreement on 31.1.2011. The total cost of the unit ... clause No.25 of Buyer
Developer Agreement."
2. The District Commission after taking into consideration the material
available on record passed the Judgment dated
observed that the agreements under reference were not at all
any agreements for developing, maintaining and operating any infrastructure
facility to which benefit of exemption ... assessee at Hirmi, Tadipatri, Arakkonam and at
Durgapur were developed under the Agreements entered into with Indian
Railways and the assessee is allowed to Operate
development agreement on 01.04.2009 with Mj s JSM
Devcon Pvt. Ltd. and as per the terms of the agreement the Developer, Mj s JSM Devcon ... action under the agreement till completion of the
period specified in the agreement.
(iii) Clause (4) of the agreement requires developer