2018 (9) TMI 1181

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....RDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These Tax Appeals arise in common background. We may record facts from Tax Appeal No. 1154 of 2018. 2. Revenue has filed this appeal against the judgement of the Income Tax Appellate Tribunal dated 13.02.2018 raising following questions for our consideration: "(a) Whether on the facts and in circumstances of the case, the learned....

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....the assessee in respect of the project and therefore it cannot be held that the project as a whole has been developed and build by the assessee so as to make it eligible for deduction under section 80IB(10) of the Act as developer of Housing Project?" 3. The respondent is engaged in the business of housing development. For the assessment year 2010-11, the assessee had claimed deduction in respe....

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....s under section 80IB(10) of the Act came to be thrashed out by a Division Bench judgement of this Court in case of Commissioner of Income Tax vs. Radhe Developers reported in 341 ITR 403. The Court took note of various development agreements executed by the assessee in favour of individuals claiming that they had been engaged in the activity of housing development. Revenue's contention, that t....