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TAXAP/307/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 307 of
2010
=========================================================
I
T O WARD-2 GODHRA THROUGH - Appellant(s)
Versus
SANSKAR
ASSOCIATES - 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
: 21/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Tax
appeal is admitted for consideration of following question of law :
“Whether
on the facts and in the circumstances of the case, the Appellate
Tribunal was right in law in 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?”
To
be heard with Tax Appeal No.546/2008.
(Akil
Kureshi,J.)
(Ms.
Sonia Gokani,J.)
(raghu)
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