2016 (4) TMI 171

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....ENT This tax case appeal, filed by the assessee under Section 260A of the Income Tax Act, 1961, was admitted on 17.12.2015 on the following substantial questions of law : "(i) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in confirming the denial of relief under Section 80IB of the Act, when the appellant satisfies all parameters in ....

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.... to third parties. 4. The assessee claimed themselves to be developers and claimed relief under Section 80IB of the Act. This was accepted in respect of the assessment years 2007-08 and 2008-09. However, in respect of the assessment year 2009-10, the Assessing Officer took the view that the assessee is not a developer, but a contractor. The Commissioner (Appeals) confirmed the assessment order an....

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....hat the assessee should put up a construction to the extent of about 5,85,000 sq.ft. 6. Pursuant to the said joint development agreement, the land owner applied for necessary permission from the Local Body and the building plan was approved on 3.5.2005. Thereafter, the deeds of conveyance of undivided shares in the land were executed by the land owner in favour of the third parties. Those third ....

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....ng with the Local Body for the grant of building plan approval (iv) identification of purchasers of flats and (v) entering into agreements of construction with them. All the above activities cannot be undertaken, if a person was merely a contractor. Therefore, primarily, the view taken by the Tribunal appears to be wholly unsustainable. 9. Drawing our attention to the Explanation inserted towards....