2013 (11) TMI 1762

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....ember Assessee(s) by: Shri Mukund Bakshi Revenue by: Shri P.L.Kureel, Sr.DR ORDER Shri A.K.Garodia: Both these appeals are assessees' appeals which are directed against two separate orders of ld.CIT (A)-V Baroda both dated 21/11/2012 in respect of two different Assessees, i.e. M/s. Sagar Associates and M/s. Sagar Builders for Asst. Year 2005-06. Since the issue involved is commo....

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....-V, Baroda has erred in law and in facts in holding that appellant, though developing and building residential houses cannot be said to have fulfilled the conditions for the claim of deduction u/s.80IB(10) as in sale of the houses, the appellant has executed the sale deed of the incomplete house and that the execution of construction agreement for construction of the incomplete house would render ....

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....13, the amount of deduction claimed by the assessee is Rs. 6,45,908/-. 3. It was agreed by both the sides that, in both the appeals, the claim of the assessee(s) regarding deduction u/s.80-IB(10) of the Act was disallowed by ld.CIT(A) on this basis that the assessee sold the plot separately and completed the construction work separately and, therefore, not eligible for deduction u/s.80-IB(10) o....

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....p;                     5. At the time of hearing of these appeals, it was pointed out by the Bench to both the sides that in the similar facts, one more appeal was heard by the ITAT "C" Bench Ahmedabad in the case of Satsang Developers vs. ACIT in ITA No.1011/Ahd/2012 for AY 2008-09 and one of the Mem....