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The assessee is the developer and M/s.ETA is the builder and mutual rights and obligations are inextricably linked with each other and undoubtedly, the project is a housing project thereby, the assessee would be entitled to claim deduction under Section 80IB (10) of the Act.

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Sec. 80IB(10) of Income Tax Act, 1961 – Deduction – The assessee filed appeal against the order of the Tribunal for the assessment year 2010-11 that “Whether the claim of an assessee incorporated for the purpose of real estate development for deduction under Section 80IB (10) of the Act, 1961, based on the benefit of tax holiday for those engaged in real estate development, can be disallowed on the ground that the assessee had entrusted the development to another company by execution of a Joint Development Agreement?” High Court allowed the appeal of the assessee holding that:– The assessee is the developer and M/s.ETA is the builder and mutual rights and obligations are inextricably linked with each other and undoubtedly, the project is a housing project thereby, the assessee would be entitled to claim deduction under Section 80IB (10) of the Act–BASHYAM CONSTRUCTIONS P. LTD. Vs. DEPUTY CIT [2020] 422 ITR 346 (MAD)

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