December 2011

Section 80-IB

Gujarat H.C : Allowing deduction u/s 80IB(10) r.w.s. 80IB(1) to the assessee when the approval by the local authority as well as completion certificate was not granted to the assessee but to the landowner and the rights and the obligations under the said approval were not transferable, and when the transfer of dwelling units in favour of the end-users was made by the landowner and not by the assessee

High Court Of Gujarat CIT vs. Radhe Developers Section : 80-IB Akil Kureshi And Ms. Sonia Gokani, JJ. Tax Appeal

Section 132

Bombay H.C : Where entire material like high growth, high profit margins and details thereof was available with revenue authorities and, moreover, it was not their case that they had obtained any other information which was suppressed by assessee, search and seizure proceedings initiated against assessee were to be quashed

High Court Of Bombay Spacewood Furnishers (P.) Ltd. vs. Director General of Income-tax (Investigation), Pune Section : 132 B.P. Dharmadhikari

Section 147, Section 80-IB

Delhi H.C : original assessment question as to whether assessee was entitled to deduction under section 80-IA was specifically considered and examined by Assessing Officer; and further since assessee had truly and fully furnished material facts during original assessment proceedings, jurisdictional preconditions required for reopening of assessment order were not satisfied

High Court Of Delhi RRB Consultants And Engineers (P.) Ltd. vs. DCIT Assessment Year : 2003-04 Section : 147, 80-IA

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