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    <title>2014 (4) TMI 30 - GUJARAT HIGH COURT</title>
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    <description>Deduction under section 80IB(10) was stated to depend on an undertaking developing and constructing a housing project, not on ownership of the land. On the facts described, the assessee exercised full control over the project, bore entrepreneurial risk, arranged construction and allied activities, enrolled members, and received the sale proceeds after paying the landowner a fixed consideration, so it was treated as the project developer and not a mere works contractor. The text further notes that possession given in part performance supported limited ownership treatment under section 2(47)(v) read with section 53A, and that the assessee was entitled to the deduction even though the land and project permissions stood in the landowner&#039;s name.</description>
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    <pubDate>Tue, 18 Mar 2014 00:00:00 +0530</pubDate>
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      <title>2014 (4) TMI 30 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=245531</link>
      <description>Deduction under section 80IB(10) was stated to depend on an undertaking developing and constructing a housing project, not on ownership of the land. On the facts described, the assessee exercised full control over the project, bore entrepreneurial risk, arranged construction and allied activities, enrolled members, and received the sale proceeds after paying the landowner a fixed consideration, so it was treated as the project developer and not a mere works contractor. The text further notes that possession given in part performance supported limited ownership treatment under section 2(47)(v) read with section 53A, and that the assessee was entitled to the deduction even though the land and project permissions stood in the landowner&#039;s name.</description>
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