2014 (7) TMI 564

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....ieved and dissatisfied with the impugned judgment and order passed by the learned ITAT, Dated : 25.10.2013, in I.T.A. No. 3207/Ahd/2010, the appellant-Revenue has preferred the present Tax Appeal to consider the following proposed question of law; "(i) Whether in the facts and circumstances of the case, the learned ITAT has erred in law in confirming the order of CIT(A) deleting the disallowanc....

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.... contractor of land owners / cooperative housing society, which is a separate legal entity, which through the Development Agreement assigned the construction work of tenements to the assessee. According to the Assessing Officer, the assessee was just a contractor constructing the flats and not a developer. 3. Feeling aggrieved and dissatisfied with the order of assessment passed by the Assessin....

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....ith the aforesaid proposed question of law. 5. We have heard Shri. Varun Patel, learned Counsel appearing on behalf of the appellant- Revenue and perused and considered in detail the order passed by the learned AO, the orders passed by the learned CIT(A) as well as the learned Tribunal. There are concurrent findings of facts given by the CIT(A) as well as ITAT, holding the petitioner as develop....

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....80IB(10) and was not found fulfilling the rests laid down by the ITAT A Bench in the case of M/s. Shakti Corporation, Baroda for A.Y. 2005-06, dated 07.11.2008. No distinguishing facts in the relevant assessment year 2008-09 could be pointed out on behalf of the Revenue. In these Facts of the case, we hold that no interference in the order of the learned CIT(A) is called for which is confirmed and....