2014 (12) TMI 1184 - AT - Income Tax

Deduction u/s 80-IB(10) - profits earned from development and building of a housing project, named, Runwal Daffodils - Held that - Assessee had asserted before the Assessing Officer that the PMC was levying municipal taxes in respect of each of the flat in the project and such levies were in the name of the respective owners. The MSEB receipts and possession documents were also furnished to the Assessing Officer. Before the CIT(A) assessee also pointed out that while making application for issuance of completion certificate to PMC, assessee had taken all the necessary steps required to be done before seeking the completion certificate, namely, obtaining of NOCs from various Departments like, Fire Department, Garden Department, Encroachment Department, Construction and Development Control Department, etc.. On this basis, it was sought to be contended that the non-issuance of the completion certificate by the PMC before 31.03.2008 was for reasons beyond the control of the assessee. We find that all the aforesaid factual assertions made by the assessee have not been controverted either by the Assessing Officer or by the CIT(A). In the absence of any material to controvert the assertions of the assessee 8 that the construction was completed before the stipulated dated i.e. 31.03.2008, we find no reasons to belie the same. Therefore, on facts, the position consistently canvassed by the assessee to the effect that the construction of the project was complete before the stipulated date of 31.03.2008 has to prevail. We set-aside the order of the CIT(A) and direct the Assessing Officer to allow assessee s claim for deduction u/s 80-IB(10) in respect of the profits of the housing project, namely, Runwal Daffodils . - Decided in favour of assessee

Summary

Issues Involved:
1. Denial of deduction under section 80-IB(10) of the Income-tax Act, 1961.
2. Compliance with conditions prescribed in clause (a) to section 80-IB(10) read with Explanation (ii).
3. Requirement of obtaining a completion certificate from the local authority (PMC) by the stipulated date.

Issue-wise Detailed Analysis:

1. Denial of Deduction under Section 80-IB(10) of the Income-tax Act, 1961:
The appellant, a partnership firm engaged in the business of promoters and builders, claimed a deduction of Rs. 1,20,25,699/- under section 80-IB(10) for profits earned from the development and building of a housing project named 'Runwal Daffodils'. The Assessing Officer (AO) disallowed this claim on the grounds that the project did not meet the conditions prescribed under the relevant sections of the Act, specifically the requirement to obtain a completion certificate by 31.03.2008. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld this disallowance, leading to the present appeal.

2. Compliance with Conditions Prescribed in Clause (a) to Section 80-IB(10) Read with Explanation (ii):
The AO argued that the project did not comply with the conditions of clause (a) to section 80-IB(10) read with Explanation (ii), which requires the completion certificate to be issued by the local authority before the stipulated date. The appellant contended that the construction was completed on time, and the delay in obtaining the completion certificate was due to internal reasons of the Pune Municipal Corporation (PMC). The appellant provided evidence such as possession documents, electricity bills, and municipal tax levies to support their claim that the flats were occupied by the buyers, indicating project completion.

3. Requirement of Obtaining a Completion Certificate from the Local Authority (PMC) by the Stipulated Date:
The primary legal contention revolved around whether the requirement for a completion certificate, introduced by the Finance (No.2) Act of 2004 effective from 01.04.2005, applied to projects approved before this date. The appellant argued that since their project commenced on 12.12.2003, the requirement for a completion certificate should not apply. They cited the Delhi High Court judgment in the case of CIT vs. CHD Developers Ltd., which held that the requirement for a completion certificate could not be retroactively applied to projects approved before the amendment.

Tribunal's Findings:
The Tribunal noted that the project was indeed approved and commenced before 01.04.2005, and thus, the requirement for a completion certificate as per the amended section 80-IB(10) did not apply. The Tribunal found that the appellant had made substantial efforts to obtain the completion certificate and had completed all necessary steps, including obtaining NOCs from various departments. The Tribunal also acknowledged that the factual assertions made by the appellant regarding the completion of the project by 31.03.2008 were not contested by the AO or CIT(A).

Conclusion:
The Tribunal concluded that the appellant's project was completed within the stipulated period, and the delay in obtaining the completion certificate was beyond their control. Therefore, the Tribunal set aside the order of the CIT(A) and directed the AO to allow the appellant's claim for deduction under section 80-IB(10) amounting to Rs. 1,20,25,699/- for the profits earned from the 'Runwal Daffodils' project. The appeal was allowed, and the order was pronounced in the open court on 30th December 2014.