2014 (1) TMI 1083

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....ICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.06.2007 passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as 'the ITAT') for the Assessment Year 2003-2004, the Revenue has preferred present Tax Appeal to consider the following substantial question of law:            "Whether, on the f....

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....ey on the land from the land owners and after constructing the housing units transferred it to various customers by tripartite agreement with the land owner, assessee and the customers. The assessee on the basis of the said activities claimed deduction u/s. 80IB(10) of the Act. The Assessing Officer disallowed the claim of the assessee with respect to deduction u/s. 80IB(10) of the Act on the grou....

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....e by the Assessing Officer with respect to the deduction u/s. 80IB(10) of the Act and held that the ownership of the land was not a precondition for deduction u/s. 80IB(10) of the Act. 5. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned ITAT, the revenue has preferred present Tax Appeal to consider the following substantial question of law:  &nbs....

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.... that the aforesaid issue/question raised in the present Tax Appeal is squarely covered against the Revenue by the decision of the Division Bench of this Court in the case of Commissioner of Income- Tax v. Radhe Developers reported in (2012) 341 ITR 403 (Guj) 7.1. The learned advocate appearing on behalf of the appellant - Revenue is not in a position to dispute the above. 8. In the case of Radh....