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    <title>2016 (1) TMI 1258 - ITAT PUNE</title>
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    <description>For deduction under section 80IB(10), ownership of the land is not a necessary condition, and the decisive question is whether the assessee acted as a housing project developer rather than a mere contractor. On the stated facts, substantial investment, entrepreneurial risk, completion obligations, and exposure to liquidated damages supported the characterisation of the assessee as a developer. The slum rehabilitation project also fell within the notified housing scheme brought into the section&#039;s scope by the CBDT notification dated 05-01-2011. Accordingly, the Revenue&#039;s contention that the assessee was only executing a works contract was rejected, and the project was treated as eligible for the deduction.</description>
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      <title>2016 (1) TMI 1258 - ITAT PUNE</title>
      <link>https://www.taxtmi.com/caselaws?id=191034</link>
      <description>For deduction under section 80IB(10), ownership of the land is not a necessary condition, and the decisive question is whether the assessee acted as a housing project developer rather than a mere contractor. On the stated facts, substantial investment, entrepreneurial risk, completion obligations, and exposure to liquidated damages supported the characterisation of the assessee as a developer. The slum rehabilitation project also fell within the notified housing scheme brought into the section&#039;s scope by the CBDT notification dated 05-01-2011. Accordingly, the Revenue&#039;s contention that the assessee was only executing a works contract was rejected, and the project was treated as eligible for the deduction.</description>
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