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    <title>2017 (3) TMI 801 - ITAT MUMBAI</title>
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    <description>Deduction under section 80IB(10) is available to a developer undertaking a housing project at its risk and cost, and is excluded only where the activity is a true works contract. In a slum rehabilitation project, the assessee constructed the project under the SRA scheme, received development rights as consideration, and sold those rights in the open market. On those facts, it was treated as a developer rather than a mere contractor, with beneficial ownership and part performance supporting that status. The works contract exclusion therefore did not apply, and the profit from sale of the TDR qualified for deduction under section 80IB(10).</description>
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      <title>2017 (3) TMI 801 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=340298</link>
      <description>Deduction under section 80IB(10) is available to a developer undertaking a housing project at its risk and cost, and is excluded only where the activity is a true works contract. In a slum rehabilitation project, the assessee constructed the project under the SRA scheme, received development rights as consideration, and sold those rights in the open market. On those facts, it was treated as a developer rather than a mere contractor, with beneficial ownership and part performance supporting that status. The works contract exclusion therefore did not apply, and the profit from sale of the TDR qualified for deduction under section 80IB(10).</description>
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