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CIT Vs. Radhe Developers (HC of Gujrat at Ahemdabad)
Case Law Details
- Case Name
- The Commissioner of Income Tax- I Vs Radhe Developers (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Developer Need Not Be Owner of land to claim deduction U/s. 80-IB(10); Can Claim deduction even if development permissions obtained in the name of original land owners
In the present case, we find that the assessee had, in part performance of the agreement to sell the land in question, was given possession thereof and had also carried out the construction work for development of the housing project. Combined reading of Section 2(47)(v) and Section 53A of the Transfer of Property Act would lead to a situation where the land would be for the purpose of Income Tax Act deemed to h...
