2016 (9) TMI 794

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....f the IT Act, 1961 for AY: 2008-09 to 2014-15. All these appeals were heard together and are being disposed of by this common order for the sake of convenience. 2. First we take up appeal of the revenue in course of assessment proceedings for AY: 2011-12 in ITA No.1301(B)/2015. 3. The grounds raised by the revenue are as under; "1. The order of the ld. CIT(A) is opposed to law and facts of the case. 2. On the facts and in the circumstances of the case the CIT(A)_ erred allowing deduction u/s 80P(2)(a)(i) of the IT Act, 1961. 3. On the facts and in the circumstances of the case, the CIT(A) erred in allowing deduction u/s 80P(2)(a)(i) when the case of the assessee gets covered under section 80P(4)?. 4. On these and any other gr....

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....back to the file of the ld. CIT(A) for a fresh decision after giving a clear finding on the factual aspect as to whether sub-sec.4 of sec.80P is applicable to the assessee in the present case or not. Accordingly, we set aside the order of the ld. CIT(A) and restore the mater back to the file of the ld.CIT(A) for a fresh decision in the light of above discussion after providing adequate opportunity of being heard to both sides. 7. In the result, the appeal of the revenue is allowed for statistical purposes. 8. Now, we take up remaining seven appeals of the revenue which are arising in course of proceedings u/s 201(1) and 201(1A) of the IT Act, 1961 arising out of the combined order of the ld. CIT(A)-13, Bangalore dated 20- 08-2015 for ....

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....operative Housing Federation Lt.,(first party) in possession of the converted land measuring 26 acres 6 guntas as described in the schedule? 5. Whether the ld. CIT(A) was correct in ignoring the clause-5 of the Supplemental Agreement dated 12/03/2008 which clearly states that the release of payment to the developer is on completion of contract basis and which is subsequent to the tripartite agreement dated 31st October 2006 in which it is stated that the possession of converted lands was with Karnataka State Co-operative Housing Federation Limited?. 6. Without prejudice to the above grounds, it is prayed that even if it is held that there is no element of contract for procurement of land whether there is no element of contract for dev....

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....ond party and further payment was to be made in installments. This is true that the land was not owned by the second party at the time of agreement and it was specified in the agreement that the second party was required to acquire the required land and secure either the converted land and secure the approval of the competent authority for use of land for nonagricultural purposes and residential use and also to obtain approval for the layout plan from the competent sanctioning authority and the second party was also required to provide certain specified facilities and amenities in the layout such as wide asphalted roads, water and sanitary connections, electrification with overhead lines and transformers, adequate street lights, dedicated T....