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TMI Blog2012 (10) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... e the final date and had applied for BU permission. Such BU permission was not rejected on the ground that construction was not completed, but the some other technical ground. In that view of the matter, granting benefit of deduction cannot be held to be illegal - In favor of assessee. Not every condition of the statute can be seen as mandatory. - If substantial compliance thereof is established o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the assessee was not a developer and that therefore, would not be qualified for deduction under section 80-IB(10) of the Act. Additional contention of the Revenue was that the assessee did not fulfil one of the essential conditions required for claiming deduction under section 80-IB(10) of the Act. With respect to the first contention, the learned counsel for the Revenue candidly agree that su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted after March 2008, the construction must be deemed to have been completed after such date. Explanation (ii) reads as under: "(ii) the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority." 4. CIT (Appeals) as well as the Tribunal after detailed discussion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2006 which was rejected on 1.7.06. Several residential units were occupied since the same was done without necessary permission. The assessee had also paid penalty and got such occupation regularized. Several tenements were sold long before the last date. 6 In the present case, therefore, the fact that the assessee had completed the construction well before 31st March, 2008 is not in doubt. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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