2015 (7) TMI 325 - AT - Income Tax

Disallowance of deduction u/s 80IB(10) - appellant ineligible to claim deduction in absence of project completion certificate from VMSS in totality - Held that - the assessee is eligible for deduction under section 80IB(10) in absence of project completion certificate from VMSS in totality because the project was completed within four years, the time prescribed. The CIT(A) was not justified in upholding the action of A.O. when the assessee not only submitted the project completion report but also paid drainage and water line connections to the local authority within the time limit prescribed under the Act. Following the decision of the Tribunal in assessee s own case for AY 2007-08 which has been upheld by Hon ble Gujarat High Court vide order dated 05/05/2015 (2015 (6) TMI 460 - GUJARAT HIGH COURT ), we set aside the orders of lower authorities and allow the claim of assessee on this issue. - Decided in favour of assessee.

Issues:
1. Disallowance of deduction u/s 80IB(10) of the Act for lack of project completion certificate.
2. Denial of deduction due to project completion not within stipulated time.
3. Failure to appreciate application for project completion certificate.
4. Consideration of proportionate deduction under section 80IB(10).
5. Failure to consider submissions and information by lower authorities.
6. Justification of interest levy under sections 234A, 234B, 234C & 234D.
7. Initiation of penalty under section 271(1)(c) of the Act.

Issue 1 - Disallowance of Deduction under Section 80IB(10):
The Assessing Officer disallowed the deduction under section 80IB(10) due to the ownership not being in the name of the assessee and lack of completion certificate for the entire project. The CIT(A) upheld this decision based on the incomplete nature of the project and non-fulfillment of essential conditions for the deduction. However, the Tribunal reversed this decision, citing a similar case precedent and held that the assessee was entitled to the deduction as the project was completed within the prescribed time, even without the completion certificate from the competent authority.

Issue 2 - Denial of Deduction for Delayed Project Completion:
The Assessing Officer also denied the deduction as the completion certificate was not obtained within the stipulated time. The completion certificate was only received for 20 out of the 43 units in the project. The Tribunal, following previous decisions and the completion of the project within four years, allowed the deduction under section 80IB(10) despite the delay in obtaining the completion certificate for all units.

Issue 3 - Failure to Appreciate Application for Project Completion Certificate:
The CIT(A) failed to appreciate that the application for the project completion certificate was already made to the competent authority. The Tribunal considered this fact along with the timely completion of the project and allowed the deduction in favor of the assessee.

Issue 4 - Consideration of Proportionate Deduction:
The assessee argued for a proportionate deduction under section 80IB(10) for the units where completion certificates were issued. However, the Tribunal did not find it necessary to consider proportionate deduction as the project as a whole met the requirements for the deduction.

Issue 5 - Failure to Consider Submissions and Information:
The lower authorities were criticized for failing to consider the various submissions, explanations, and information provided by the assessee before passing the order disallowing the deduction. The Tribunal, based on the complete record and relevant legal precedents, allowed the deduction in favor of the assessee.

Issue 6 - Justification of Interest Levy:
The ground relating to the levy of interest under sections 234A, 234B, 234C & 234D was considered consequential and disposed of accordingly in connection with the allowed deduction.

Issue 7 - Initiation of Penalty:
The ground relating to the initiation of penalty under section 271(1)(c) was deemed premature and hence dismissed by the Tribunal.

In conclusion, the appeal of the assessee was partly allowed by the Tribunal based on the completion of the project within the prescribed time, despite the absence of a project completion certificate from the competent authority. The Tribunal's decision was supported by previous case law and upheld by the Hon'ble Gujarat High Court, leading to the allowance of the deduction under section 80IB(10) for the assessee.

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