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2016 (5) TMI 870 - AT - Income TaxClaim of deduction under section 80IB(10) - non receipt of completion certificate - Held that - No reason in the disallowance made by the authorities below in denying deduction under section 80IB(10) of the Act. The assessee before us has furnished evidence to the effect that the individual flat owners have occupied the respective flats, against which municipal taxes have been levied by the State authorities and even electricity connections have been made to the flats, against which the charges have been paid. Further, the assessee had applied for completion certificate before due date i.e. 17.03.2008 and merely because the completion certificate was not received by the assessee, the deduction allowable under section 80IB(10) of the Act cannot be denied. We hold so. Accordingly, we direct the Assessing Officer to allow the claim of assessee in this regard. - Decided in favour of assessee.
Issues Involved:
1. Validity of reassessment under section 147. 2. Denial of deduction under section 80IB(10) on the grounds of non-receipt of completion certificate by 31.03.2008. Issue-wise Detailed Analysis: 1. Validity of Reassessment under Section 147: The assessee did not press the grounds challenging the validity of the reassessment under section 147. Consequently, these grounds were dismissed as not pressed. 2. Denial of Deduction under Section 80IB(10): The core issue in these appeals was the denial of deduction under section 80IB(10) of the Income-tax Act, 1961 due to the non-receipt of a completion certificate by 31.03.2008. The assessee was engaged in developing and building housing projects and had claimed deductions under section 80IB(10) for the assessment years 2004-05 to 2007-08. The project in question was approved in 2002. The Assessing Officer (AO) denied the deduction for the assessment years 2005-06 to 2007-08 on the grounds that the completion certificate was not issued by the local authority (Solapur Municipal Corporation) by the stipulated date. The AO conducted a survey under section 133A on 28.05.2008 and found that the completion certificate had not been issued by the local authority, although the assessee had applied for it on 17.03.2008. The AO held that without the completion certificate, the project was not deemed completed by 31.03.2008, thus disqualifying the assessee from the deduction under section 80IB(10). The CIT(A) upheld the AO's decision, noting that the requirement for a completion certificate was introduced into the statute on 01.04.2004, and thus applicable to the assessment years in question, except for 2004-05. Arguments by the Assessee: The assessee argued that all units were completed and occupied by the respective owners before 31.03.2008, supported by evidence such as municipal tax bills and electricity bills. The assessee contended that the deduction should not be denied merely due to the non-issuance of the completion certificate by the local authority, especially since the application for the certificate was made before the stipulated date. Tribunal's Findings: The Tribunal referred to similar cases, notably the decision in *Runwal Developers Vs. ACIT* and *CIT Vs. CHD Developers Ltd.* by the Hon'ble Delhi High Court. It was noted that if the project was approved before the amendment requiring the completion certificate, the deduction could not be denied solely on the basis of non-issuance of the certificate. The Tribunal found that the assessee had completed the construction and the units were occupied before 31.03.2008. The application for the completion certificate was made on 17.03.2008, and the non-issuance of the certificate was beyond the assessee's control. Conclusion: The Tribunal concluded that the deduction under section 80IB(10) should not be denied merely because the completion certificate was not issued by the local authority by 31.03.2008. The Tribunal directed the AO to allow the deduction claimed by the assessee. The appeals were partly allowed, applying the same reasoning to all the assessment years in question. Order Pronounced: The order was pronounced on 7th April 2016.
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