To claim deduction u/s 80IB(10), Developer need not be the Owner of the land:

AO disallowed the deduction claimed by assessee u/s 80-IB(10) on two counts viz. (1) Assessee (i.e. the developer) was not the Owner of the land on which construction of residential units was carried out and (2) Built-up area of residential units exceeded 1500 sq. Feet. When the matter was carried before the Hon’ble High Court, the Hon’ble High Court, following its own decision in the case of CIT vs. Radhe Developers reported at [2012] 341 ITR 403(Guj), held that developer need not be owner of the land. As regards second issue, it was observed that ITAT had recorded a finding that AO’s conclusion in respect of built-up area exceeding 1500 sq. Feet was baseless. Hence, the Hon’ble High Court abstained from disturbing such a factual finding of ITAT.

[NIKHIL ASSOCIATES - TAX APPEAL NO.1155 of 2011 - GHC &

 SAFAL ASSOCIATES (TAX APPEAL NO.1357 of 2011 - GHC]