| COURT: | ITAT Ahmedabad |
| CORAM: | Pramod Kumar (AM), S. S. Godara (JM) |
| SECTION(S): | 40(a)(ia), 80-IB(10) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Developer, Housing Project |
| COUNSEL: | Aarti N Shah |
| DATE: | July 7, 2015 (Date of pronouncement) |
| DATE: | July 10, 2015 (Date of publication) |
| AY: | 2006-07 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 80-IB(10): To be the "developer" of a housing project, the assessee has to undertake the entrepreneurship risk in execution of the project. He need not be the owner of the land. S. 40(a)(ia): The amendment is clarificatory and retrospective w.e.f. 01.04.2005 | |
In order to answer the question as to whether the condition precedent for deduction under section 80IB has been satisfied inasmuch as whether or not the assessee is engaged in “developing and building housing projects”, all that is material is whether assessee is taking the entrepreneurship risk in execution of such project. When profits or losses, as a result of execution of project as such, belong predominantly to the assessee, the assessee is obviously taking the entrepreneurship risk qua the project and is, accordingly, eligible for deduction under section 80IB(10) in respect of the same. The assumption of such an entrepreneurship risk is not dependent on ownership of the land
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