https://www.taxtmi.com/caselaws?id=221241 Deduction under Section 80IB(10) cannot be denied merely because the housing project approval and completion certificate stand in the landowner's name, or because the assessee is not the recorded owner of the land. The decisive test is whether the assessee developed and built the project on its own account, with control, investment, and business risk, rather than functioning as a works contractor for fixed remuneration. On the stated facts, the assessee was the real developer, and the arrangement also supported part performance under Section 53A of the Transfer of Property Act read with Section 2(47)(v) of the Income-tax Act. The deduction was therefore allowable. en-us Wed, 11 Jan 2012 00:00:00 +0530 Wed, 28 Nov 2012 16:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=221241 Deduction under Section 80IB(10) cannot be denied merely because the housing project approval and completion certificate stand in the landowner's name, or because the assessee is not the recorded owner of the land. The decisive test is whether the assessee developed and built the project on its own account, with control, investment, and business risk, rather than functioning as a works contractor for fixed remuneration. On the stated facts, the assessee was the real developer, and the arrangement also supported part performance under Section 53A of the Transfer of Property Act read with Section 2(47)(v) of the Income-tax Act. The deduction was therefore allowable. Case-Laws Income Tax Wed, 11 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=221241