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2019 (5) TMI 292 - AT - Income TaxDenial of deduction u/s.80IB(10) - denial for want of valid Completion /Occupancy Certificate - production of Completion Certificate in appellate proceedings - HELD THAT - The assessee was not in possession of the Completion Certificate at the relevant point of time when the proceedings were going on before the Revenue Authorities. However, at present the assessee has filed Completion Certificate before us and has pleaded that in view of earlier decision of M/S. RAJ KASLIWAL VERSUS DCIT- CENTRAL, AURANGABAD 2019 (4) TMI 1031 - ITAT PUNE , the matter may be restored back to the file of Assessing Officer for proper adjudication in the interest of justice. We set aside the order of the CIT(Appeals) and restore the matter back to the file of Assessing Officer to adjudicate the issue after considering the Completion Certificate which is now in possession of the assessee and as per law after providing reasonable opportunity of hearing to the assessee. - Appeal of the assessee is allowed for statistical purposes.
Issues Involved:
- Denial of deduction u/s.80IB(10) of the Income Tax Act, 1961. - Assessment of income by the assessing officer. - Charging of interest u/s.234B, C, and other sections. - Request for cancellation of disallowance. - Possession of 'Completion Certificate' for the project. Analysis: Issue 1: Denial of deduction u/s.80IB(10) of the Income Tax Act The appellant, a partnership firm engaged in construction, claimed a deduction u/s.80IB(10) of the Act for the assessment year 2012-13. However, the Assessing Officer denied the deduction as the appellant failed to provide the 'Completion Certificate' for the project. The appellant later obtained the 'Completion Certificate' and requested for the matter to be reconsidered based on the precedent set by a Co-ordinate Bench of the Tribunal in a similar case. The Tribunal, after considering the facts and the relevance of the 'Completion Certificate,' set aside the order of the Ld. CIT(Appeals) and remitted the issue back to the Assessing Officer for proper adjudication in accordance with principles of natural justice. Issue 2: Assessment of Income The assessing officer assessed the income at Rs. 5,13,58,770/-, contrary to the returned income of Rs. Nil. This assessment was based on the denial of the deduction u/s.80IB(10) due to the absence of the 'Completion Certificate.' The Tribunal's decision to remit the issue back to the Assessing Officer for fresh assessment indicates a procedural flaw in the initial assessment process, necessitating a reevaluation based on the new evidence presented by the appellant. Issue 3: Charging of Interest u/s.234B, C, and Other Sections One of the grounds of appeal raised by the appellant was the assessing officer's error in charging interest u/s.234B, C, and other sections. However, the judgment primarily focuses on the denial of the deduction u/s.80IB(10) and the subsequent remittance of the matter for fresh assessment. Therefore, the issue of interest charging is not extensively discussed in the judgment. Issue 4: Request for Cancellation of Disallowance The appellant prayed for the cancellation of the disallowance of the deduction u/s.80IB(10) made by the CIT(A). The Tribunal's decision to allow the appeal for statistical purposes indicates a favorable outcome for the appellant in terms of challenging the disallowance and seeking a proper adjudication based on the new evidence of the 'Completion Certificate.' Issue 5: Possession of 'Completion Certificate' for the Project The pivotal point in the appeal was the possession of the 'Completion Certificate' by the appellant. The Tribunal emphasized the significance of this certificate in determining the validity of the claim of deduction u/s.80IB(10) and ordered the Revenue authorities to admit this additional evidence for re-adjudication. The appellant's submission of the 'Completion Certificate' led to the setting aside of the Ld. CIT(Appeals) order and the restoration of the matter to the Assessing Officer for fresh assessment, ensuring a fair opportunity for the appellant to present their case.
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