2022 (6) TMI 71 - AT - Income Tax

Deduction u/s 80IB - case of the Revenue is that the Assessee had failed to produce the completion certificates during the assessment proceedings as well as during the appellate proceedings - HELD THAT - Commissioner, while considering the remand report filed by the AO, wherein the completion certificates of the projects of the Assessee have been verified on test-check basis and found to be in order, allowed the deduction u/s. 80IB(10) of the Act for the assessment year under consideration and therefore the main contention of the Revenue Department is that the completion certificates have not been produced during the assessment proceedings as well as appellate proceedings, is devoid of merits. We may clarify that the Assessing Officer has to assess and determine the claim of the assessee as per the directions of the higher authority but by using his own wisdom, which in the instant case has been correctly done by verifying the completion certificates on test check basis and found the same in order. Hence, on the aforesaid consideration and analyzations, we are inclined not to interfere with the order under challenge, as the same does not suffer from any perversity and impropriety and/or illegality. Consequently, the appeal filed by the Revenue is liable to be dismissed.

Summary

Issues:
- Appeal against order dated 21.01.2019 by Commissioner of Income-tax (Appeals)-1, New Delhi u/s. 250(6) of the Income-tax Act, 1961 for assessment year 2004-05.
- Disallowance of deduction u/s. 80IB of the Act by Assessing Officer.
- Allowance of deduction u/s. 80IB(10) of the Act by Commissioner.
- Appeal by Revenue Department challenging the order.

Analysis:
1. The appeal was filed by the Revenue Department against the order dated 21.01.2019 by the Commissioner of Income-tax (Appeals)-1, New Delhi, for the assessment year 2004-05. The income of the Assessee was determined at Rs.5,27,28,910/- as against the returned income of Rs.1,58,08,470/-.

2. The assessee appealed the assessment order, and the Hon’ble Tribunal remanded the case to the Assessing Officer to verify the completion of projects and receipt of completion certificates. The Assessing Officer disallowed the deduction u/s. 80IB of the Act citing the absence of completion certificates.

3. The Commissioner, in the impugned order, allowed the deduction claimed by the assessee u/s. 80IB(10) of the Act. The completion certificates of various projects were submitted and verified by the Assessing Officer, who found them in order. The Commissioner directed the AO to allow the deduction as per the ITAT's direction.

4. The Revenue Department appealed the order, arguing that the completion certificates were not produced during the assessment and appellate proceedings. However, the Commissioner, after considering the remand report, concluded that the completion certificates were verified and in order. The Commissioner upheld the deduction u/s. 80IB(10) for the assessment year.

5. The Tribunal, after thorough consideration, found that the Assessing Officer had correctly verified the completion certificates on a test-check basis and found them in order. The Tribunal concluded that the order under challenge was not perverse, improper, or illegal. Therefore, the appeal filed by the Revenue Department was dismissed, upholding the Commissioner's decision to allow the deduction u/s. 80IB(10) of the Act for the assessment year 2004-05.