2016 (2) TMI 1298 - HC - Income Tax

Deduction u/s 80IB(10) - Tribunal directing the assessing authority to give deduction under section 80IB(10) of the Act if the assessee has completed construction as guided by the decision of this Court in case of Ittina Properties 2014 (8) TMI 388 - KARNATAKA HIGH COURT - as per revenue the assessee had failed to file audit report in Form-10CCB along with the completion certificate obtained from the Local Authority showing the completion of construction of the building/apartment as required under the law to claim deduction under section 80IB(10) - HELD THAT - This Court, in the case of Ittina Properties Supra did not take the view only because completion certificate from Panchayat was produced, but on the contrary, in the said decision it was found by this Court that neither in the Income Tax Act nor in Karnataka Municipal Corporations Act, is there any provision for issuance of completion certificate by the local authorities and therefore, Revenue ought not have insisted for production of such certificate for getting benefit under the Income Tax Act. Therefore, distinction as sought to be canvassed by the learned counsel for the appellant-Revenue would not dilute the legal position as held by this Court in the above appeal.In any event, for examination as to whether the construction was completed or not, the matter is remanded by the Tribunal. When the Tribunal had followed the decision of this Court, we do not find that any substantial question of law would arise for consideration as sought to be canvassed. Hence, the appeals are dismissed.

Summary

Issues:
1. Interpretation of deduction under section 80IB(10) of the Act without audit report and completion certificate.
2. Requirement of completion certificate for claiming deduction under section 80IB(10) of the Act.
3. Comparison of facts between the present case and the Ittina Properties case.
4. Legal position on the issuance of completion certificate by local authorities.

Analysis:
1. The main issue in this case revolves around the interpretation of the law regarding the deduction under section 80IB(10) of the Act when the assessee has completed construction without filing an audit report in Form-10CCB and a completion certificate from the Local Authority. The Tribunal directed the assessing authority to grant the deduction based on the completion of construction, even though the completion certificate was not submitted. The Tribunal relied on previous court decisions and the fact that the project was completed within the stipulated period, with possession handed over and occupants residing in the building.

2. The Tribunal's decision was influenced by the Ittina Properties case, where it was held that the submission of a completion certificate is not mandatory if the construction is proven to be completed within the specified period. The Tribunal emphasized that the assessing officer did not dispute the completion of the project and that any building violations could be addressed through municipal authorities. The Tribunal remanded the issue to the assessing officer for verification of the documents filed by the assessee to determine the genuineness of the claim for deduction under section 80IB(10) of the Act.

3. The appellant contended that the facts of the present case differ from the Ittina Properties case as no completion certificate was issued by the relevant authority. However, the Court clarified that the legal position established in the Ittina Properties case was not solely based on the production of a completion certificate but on the absence of a legal requirement for such a certificate under the Income Tax Act or the Karnataka Municipal Corporations Act. Therefore, the comparison of facts between the two cases does not affect the legal position established by the previous court decision.

4. The Court dismissed the appeal, stating that the Tribunal's reliance on the decision in the Ittina Properties case was justified, and there was no substantial question of law to be considered. The Court reiterated that the legal requirement for a completion certificate was not a prerequisite for claiming the deduction under section 80IB(10) of the Act, and the matter of whether the construction was completed was remanded back to the assessing officer for verification.