2018 (3) TMI 1979

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....JUDICIAL MEMBER : This appeal has been filed by the Revenue challenging the order of Commissioner of Income Tax (Appeals)-VI, Baroda ('CIT(A)' for short) dated 14.02.2014 for the assessment year (AY) 2009-10 passed in the first AppealNo.CAB/VI-474/2011-12. 2. The sole ground raised by the Revenue reads as follows: "1. On the facts and in the circumstances of the case and in'; law, the learned....

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.... Departmental Representative (DR) supporting the assessment order submitted that the learned CIT(A) erred in deleting disallowance of Rs.1,52,37,149/- claimed as deduction u/s. 80IB(10) of the IT Act, thereby ignoring the fact that assessee was not entitled for claiming deduction u/s. 80IB (10) of the IT Act as a whole, in view of the fact that in assessee's case, there were two separate agreement....

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..... Mahadev Developers [2013] 32 taxmann.com 291 (Gujarat) and Radhe Developers, wherein it has been held that ownership of land for development of a housing project is not a precondition for claiming deduction u/s. 80IB(10) of the Act. The ld. AR also pointed out that as per order of ITAT, Ahmedabad in the case of M/s. Satsang Developers vs. ACIT, in ITA No.1011/Ahd/2012 and other related appeals o....

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.... land for development of housing project is not a precondition for claiming deduction u/s. 80IB(10) of the Act. At this juncture, we also find it appropriate to consider the order of ITAT, Ahmedabad in the case of M/s. Satsang Developers vs. ACIT (supra)reported at [2013] 37 CCH 0249 AhdTrib which was again followed by the ITAT, Ahmedabad in the case of Narayan Realty Ltd. Vs. Dy. CIT reported at ....