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Commissioner of Income Tax Vs. M/S.Arun Excello Foundations Pvt. Ltd.

Court : Chennai

Subject : Land Acquisition

dilute the said Section to grant pro-rata relief. 11. Referring to the amendment brought forth under Finance (No.2) Act, 2004 by insertion of sub clause (d) to Section 80IB (10) of the Act, effective from 1.4.2005, learned standing … constructing housing projects. In the returns filed for assessment years 2003-04 and 2004-05, the assessee claimed deduction under Section 80-IB(10) of the Income Tax Act, (hereinafter referred to as the 'Act'), in respect of project called "Raagamalika Phase

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Land Acquisition

Reported in : LC(2007)(3)269

the same. The assessee pleaded that w.e.f. 1st April, 2005, an amendment has been brought out by the Finance (No. 2) Act, 2004 and the same provided Clause (d) of Section 80-IB(10), where restriction is put regarding the maximum commercial area

The Commissioner of Income Tax-16 Vs. M/s Happy Home Enterprises and A ...

Court : Mumbai

Subject : Direct Taxation

or after 1st April, 2005. The date 1st April, 2005 is of some significance because by Finance (No.2) Act, 2004, w.e.f. 1st April 2005, section 80-IB(10) was substantially amended and clause (d) was inserted therein, that stipulates that

Commissioner Income Tax-i Vs. Chd Developers Ltd.

Court : Delhi

Subject : Land Acquisition

of Section 80IB read as follows:“Section 80-IB(10) prior to the amendment of 1.4.2005: Sub s. by Finance (No.2) Act, 2004 (23 of 2004), sec. 18(d), for sub-section (10) w.e.f. 1-4-2005). Earlier subsection (10) was amended by the Finance

Saroj Sales Organisation Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2008)115TTJ(Mum.)485

5 per cent of the limit prescribed, it is pointed out that this sub-section was amended by the Finance (No. 2} Act, 2004 w.e.f.1st April, 2005. Prior to its substitution the section granting 100 per cent deduction of income arising from … builder and developer. The only dispute in this appeal relates to the disallowance of deduction claimed under Section 80-IB(10) of the IT Act.3. The facts of the case are found by the authorities are that M/s A.W.Pereira

Harshad P. Doshi Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)109TTJ(Mum.)335

no force in the contention of the learned CIT(A) that the amendment brought to Section 80-IB(10) by the Finance (No. 2) Act, 2004 effective from 1st April, 2005 proved that before amendment, the exemption was available to residential area only. The

Radhe Developers and ors. Vs. Income Tax Officer and ors.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Land Acquisition

Reported in : (2008)113TTJ(Ahd.)300

no outer time-limit for completion of the project. There have been certain further amendments in this section by Finance (No. 2) Act, 2004 w.e.f. 1st April, 2005, but we are not concerned with these amendments insofar as all these appeals are … common issue in these appeals is, whether the assessee is eligible for the claim of deduction under Section 80-IB(10) of the Act, on the profit derived from developing and building residential housing project, particularly when the land

Regency Exports (P) Ltd. Vs. Joint Cit Spl. Range 32

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)8SOT116(Mum.)

any other provisions of Chapter VIA. The learned Commissioner (Appeals) then referred to Memorandum explaining the provisions in Finance (No. 2) Bill, 1998 to the effect that this amendment intended to prevent the tax payers from taking advantage of … (Appeals) did not appreciate that his concluision as above was not warranted+y any provisions of the Income Tax Act, 1961 as in force at the relevant time.6. The learned CIT (Appeals) erred in holding that insertion of … The learned CIT (Appeals) erred in rejecting the claim of deduction under section 80HHCas per the appellants working consistent with his decision for the assessment … learned CIT (Appeals) erred in rejecting the claim of deduction under section 80HHCas per the appellants working consistent with his decision for the assessment year

Laukik Developers Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2007)105ITD657(Mum.)

the Act. Both the assessee and the Revenue stated before us that the amendment brought by Finance No.(2) Act, 2004 with effect from 01 04.05 introducing sub clause(d) in the provision of Section 80-IB(10) shall have no application

Amit Estate Organizer Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2008)113TTJ(Ahd.)1018

the basis of report obtained under such reference. Section 142A has been introduced in the statute book by Finance No. 2 Act, 2004 with retrospective effect from 15th Nov., 1972, according to which for the purpose of making an assessment or