2019 (6) TMI 373 - AT - Income Tax

Rectification application u/s 254 (2) - As per Tribunal 2018 (7) TMI 1988 - ITAT PUNE the assessee has been held eligible for claiming deduction u/s.80IB(10) however, the issue was restored to the file of AOfor limited purpose to verify the date on which the assessee approached the Pune Municipal Corporation for issuance of completion /occupancy certificate - HELD THAT - Since, the Assessing Officer has already verified from office of the Pune Municipal Corporation the date on which application for completion /occupancy certificate was submitted, we find that restoring the issue back to the file of Assessing Officer for the purpose of verifying date would be an exercise in futility. This vital fact was inadvertently overlooked while passing the order dated 20.07.2018; hence the mistake crept in the order that needs to be rectified. Miscellaneous Application filed by the assessee is allowed.

Summary

Issues:
Rectification of Tribunal order under section 254(2) of the Income Tax Act, 1961 for assessment year 2010-11.

Analysis:
The Miscellaneous Application was filed by the assessee seeking rectification of the Tribunal order dated 20.07.2018 in ITA No.393/PUN/2016 for assessment year 2010-11 under section 254(2) of the Income Tax Act, 1961. The issue revolved around the eligibility of the assessee for claiming deduction under section 80IB(10) of the Act. The Tribunal had initially allowed the benefit of deduction but later restored the issue to the Assessing Officer to verify the date on which the assessee approached Pune Municipal Corporation for issuance of completion/occupancy certificate.

Arguments:
The assessee's representative argued that the Assessing Officer had already confirmed the date of application for the certificate, making the restoration of the issue redundant. On the other hand, the Department's representative supported the Tribunal's order, stating that re-verification by the Assessing Officer would not cause prejudice to the assessee.

Tribunal Findings:
The Tribunal order highlighted that the completion certificate was issued by the Architect on 16-02-2011, but the date of application to Pune Municipal Corporation for the occupancy certificate was not clear. The Tribunal emphasized that if the assessee had applied before the due date of 31-03-2011, the benefit of deduction should not be denied. The Tribunal directed the assessee to provide relevant documents to the Assessing Officer for verification.

Rectification Decision:
Upon reviewing the impugned order, it was noted that the Assessing Officer had already verified the date of application for the certificate from the Pune Municipal Corporation. Therefore, the Tribunal modified its order to reflect this fact accurately. Consequently, the Tribunal upheld the order of the Commissioner of Income Tax (Appeals) and dismissed the appeal of the Revenue.

Conclusion:
The Tribunal rectified its order to acknowledge that the Assessing Officer had verified the crucial date in question, rendering the restoration of the issue unnecessary. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) and dismissed the appeal of the Revenue. The Miscellaneous Application filed by the assessee seeking rectification was allowed, and the order was pronounced on June 3, 2019.