THE ACIT, -2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

The appeal of the assesse is disposed off in terms of

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

transfer was made for houses/bungalows. Therefore, the assessee was a mere 'contractor' and not a 'builder/developer'. He submitted that as per provisions of section 80-IB(10), the entirety of project including development of infrastructure must be undertaken by assessee. According to Ld. DR, 'entire project' would mean development as a cohesive unit which includes the construction of houses with

THE ACIT, 2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

801B(10) of the Income Tax Act, 1961? (b) Among other aspects in this regard, the assessee was not selling any constructed property to its customers, since only the registry/transfer of the plot by it was made in the name of the purchaser whereas separate agreement for construction of the bungalow/house was made against payment of installments for construction from

THE ACIT, 2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

801B(10) of the Income Tax Act, 1961? (b) Among other aspects in this regard, the assessee was not selling any constructed property to its customers, since only the registry/transfer of the plot by it was made in the name of the purchaser whereas separate agreement for construction of the bungalow/house was made against payment of installments for construction from

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

801B(10) of the Income Tax Act, 1961 by not following the Judgment of Hon'ble Supreme Court of India in the case of Commissioner of Custom (Import) Mumbai Vs. Dilip Kumar and Company & Others (TS-336-SC-2018- CUST) and Ram Nath & Co. Vs. Commissioner of Income Tax Civil Appeal

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

801B(10) of the Income Tax Act, 1961 by not following the Judgment of Hon'ble Supreme Court of India in the case of Commissioner of Custom (Import) Mumbai Vs. Dilip Kumar and Company & Others (TS-336-SC-2018- CUST) and Ram Nath & Co. Vs. Commissioner of Income Tax Civil Appeal

M/S. D.K. CONSTRUCTION,BHOPAL vs. THE ACIT, 2(1), BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

801B(10) of the Income Tax Act, 1961 by not following the Judgment of Hon'ble Supreme Court of India in the case of Commissioner of Custom (Import) Mumbai Vs. Dilip Kumar and Company & Others (TS-336-SC-2018- CUST) and Ram Nath & Co. Vs. Commissioner of Income Tax Civil Appeal

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

801B(10) of the Income Tax Act, 1961 by not following the Judgment of Hon'ble Supreme Court of India in the case of Commissioner of Custom (Import) Mumbai Vs. Dilip Kumar and Company & Others (TS-336-SC-2018- CUST) and Ram Nath & Co. Vs. Commissioner of Income Tax Civil Appeal

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

801B(10) of the Income Tax Act, 1961 by not following the Judgment of Hon'ble Supreme Court of India in the case of Commissioner of Custom (Import) Mumbai Vs. Dilip Kumar and Company & Others (TS-336-SC-2018- CUST) and Ram Nath & Co. Vs. Commissioner of Income Tax Civil Appeal