JUDGMENT

JUDGMENT

K.S. Jhaveri, J. - In both these appeals common question of law and facts are involved, they are decided by this common judgment.

2. By way of these appeals, the appellants have assailed the judgment and order of the Tribunal whereby Tribunal has dismissed the appeals of the department.

3. Counsel for the appellants has framed the following substantial question of law:-

DB ITA No.146/2017

(i) Whether the Tribunal was justified in holding assessee as the developer and thereby allowing deduction under section 80IB(10) of Rs. 1,01,86,533/-, ignoring the specific development agreement entered into by him merely as land owner with another developer to execute and construct the flats on the land of the assessee?

(ii) Whether the Tribunal was justified in allowing deduction under section 80IB(10) to the assessee when neither he undertook development and construction of the housing project nor the completion certificate of the project as required in Clause-ii of explanation to Section 80IB(10)(a) was furnished by the assessee?

(iii) Whether on the facts and circumstances of the case, the finding of the Tribunal is perverse, contrary to the record and untenable in the eye o