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TAXAP/1175/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1175 of
2010
=========================================================
DEPUTY
COMMISSIONER OF INCOME TAX, CIRCLE - 4, BARODA - Appellant(s)
Versus
M/S
PRATHAM REALTY PVT LTD - Opponent(s)
=========================================================
Appearance
:
MR
KM PARIKH for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 05/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Tax
Appeal is admitted for consideration of following substantial
questions of law:
“Whether
on the facts and in the circumstances of the case, the Appellate
Tribunal was right in law in setting aside the orders of the lower
authorities and restore the matter back to the file of the Assessing
Officer for fresh adjudication with direction that A.O shall look
into the agreement entered into by assessee firm with land owner and
decide whether the assessee has in fact purchased the land for a
fixed consideration from the land owner and assessee had developed
the housing project at its own cost and risk involved in the project,
in respect of the issue regarding deductions u/s. 80IB (10) r.w.s
80IB (1) as claimed by the assessee ?”
To
be heard with Tax Appeal No. 546 of 2008 and connected
Appeals.
Mr.
M. J. Shah, learned advocate appearing for respondent waives service
of process of admission of appeal.
[Akil
Kureshi, J.]
[Ms.
Sonia Gokani, J.]
Amit
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