M/S. RAJKAMAL BUILDERS INFRASTRUCTURE PVT. LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(2),, AHMEDABAD
In the result this ground of appeal preferred by the assessee is allowed
ITA 2202/AHD/2018[2016-17]Status: DisposedITAT Ahmedabad13 May 2022AY 2016-17
Bench: Shri (Dr.) Arjun Lal Saini & Ms. Madhumita Roy
For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri A.P. Singh, CIT-DR and Shri V.K. Singh, Sr.DR
Section 271(1)(c)Section 36(1)(iii)Section 80I
…s Rajkamal Builders Infrastructure P.Ltd. 13 the appellant. It is seen that in the earlier years, appellant was held by this office to be 'developer' and eligible for deduction u/s. 80IA(4) by placing reliance on the decision of Patil Engineering Ltd vs. DCIT 84 TTJ 666 (Mumbai). However as on the date of passing of the said orders, the benefit of the Third Member decision cited at 126 TTJ 577 discussed below was not available. In this decision, the Mumbai Tribunal elaborately discussed the newly inserted Explanation below 80-IA(13) (by the Finance (No.2) Act, 2009 w.e.f. 01-04-2010) and overruled the decision ci…