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D.T.GARASIA, P.K.BANSAL
Income-tax Officer, Ward-2(5), Ahmedabad – Appellant
Versus
Shakti Corporation – Respondent


Advocates Appeared:
Rohit Mehta, D.C. Patwari, Rajaram,S.N. Soparkar, Prakash Shah, Mukund Baxi, Smt. Urvashi Shodhan

ORDER

P.K. Bansal, Accountant Member. - In all these appeals filed by the revenue against the respective orders of the CIT(A), the common grounds are as under :

"1.On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in allowing the deduction under section 80-IB(10) to the assessee, who was not granted approval by the local authority to carry on the business of an undertaking developing and building housing projects, in contravention of a plain reading of section 80-IB(10), read with section 80-IB(1), Explanation to section 80-IB(10) and rule 18BBB.

2.The ld. CIT(A) failed to make a combined reading of section 80-IB(1), which is the substantive provision, and section 80-IB(10), which is a machinery provision, postulating complete identity between the assessee as referred to in section 80-IB(1), and the undertaking developing and building housing projects approved by the local authority as referred to in section 80-IB(10), not permitting such splitting between the assessee and the person who is granted approval by the local authority for developing and building housing projects, as presumed by the CIT(A).

3.The ld. CIT(A) failed to abide by the scheme of s

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