TaxTMI 
TaxTMI 
TaxTMI 
2015 (7) TMI 199
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.... project by a development agreement with them. The entire responsibility to execute the housing project(s) and abide by the terms and conditions of its approval right from the inception of the project(s) till its completion rests with the Society. Assessee was just a contractor of the land constructing housing projects and not a developer. 3. On the facts and in the circumstances of the case, the Ld. Commissioner of Income-tax (Appeals)-XV, Ahmedabad ought to have upheld the order of the Assessing Officer. 4. It is therefore prayed that the order of the Ld. Commissioner of Income-tax (Appeals)-XV, Ahmedabad may be set-aside and that of the Assessing Officer be restored. 2. In the case of the assessee for the year under consideration, the assessment was framed u/s 143(3) of the Act on 09.12.2010, in which disallowance of Rs. 32,72,64,595/- was made by the Assessing Officer u/s 80IB(10) of the Act. 2.1 Matter was carried before the First Appellate Authority, wherein various contentions were raised on behalf of assessee and having gone through the same, CIT(A) observed that the ITAT in assessee's own case for the Assessment Year 2007-08 has decided the similar issue, by observ....
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....h floor Sharthik Annexe, Nr. Fun Republic School, Ahmedabad is also mentioned. The address mentioned in the permission for development is of the assessee and the word 'other' is also mentioned which is not appreciated by the authorities below. The Building Use certificate is issued in the name of one of the societies as per the terms of the permission for development for the same area and for the same number of residential units. When the permission for development and Building Use certificates are considered in the light of the development agreements, it would clarify that the property numbers are same as has been mentioned by AUDA and that there is no objection from the side of the societies. Therefore, it is clear that the building plans have been sanctioned in respect of the land acquired by the assessee through the agreement to sell and the development agreements in question. The details on record supports the case of the assessee that the assessee has undertaken the entire development of the housing project for which the plans were approved and permission to use was obtained in respect of the same property in question, the assessee incurred all the expenditure for dev....
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....ause out of 324 units, 4 residential units have built up area in excess of 1500 sq. ft., on two grounds that additional construction have been carried out and if open terrace area is added the constructed area in regard to all the said 4 flats, total area is in excess of 1500 sq. ft. The assessee filed copies of 4 sale deeds at PB- 181 to 269 of the paper book in which the constructed area by the assessee was below 1500 sq. ft. which is supported by possessionum- declaration letters of the developers filed at PB-295 to 298 of the paper book. According to the assessee the entire construction of the units referred to are made by the developer as per approved plan and only on that basis Building Use permission has been granted which was below 1500 sq. ft. After giving possession on sale to the occupants, the occupants might have made some additions which are also confirmed by the DVO in his report PB-293. Therefore, the assessee would not be responsible for the later development after receipt of sale consideration. Even, the owners of the flats who have purchased the residential units from the assessee have given confirmation for raising additional construction after receiving the sal....
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.... assessee raised construction in some other area/survey number, but nobody came forward to object to the raising of the construction by the assessee in their property. The huge housing complex can never be raised in a day or in a night, it would take long period, therefore, there would be bound to be objection from the owner of the land if their lands have been encroached by the assessee. However, the AO has not made out any such case against the assessee. Moreover, requirement of section 80IB (10) of the IT Act is that the assessee had undertaken development and building housing project which is approved by the local authorities and that construction commenced and completed within the stipulated period within the prescribed area. The points raised by the authorities below are irrelevant as against specific requirement of section 80IB (10) of the IT Act. The claim of the assessee for deduction has been disallowed on irrelevant consideration which has not been provided under the above provisions. The learned Counsel for the assessee has been able to explain the discrepancy if any noted by the authorities below with regard to the survey numbers. It is not in dispute that the assessee....