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TMI Blog2014 (7) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... ate as date of completion for the purpose of meeting the requirement of Explanation (ii) below Sec. 80IB(10)(a) with this understanding that PMC will continue with its action against the assessee to set the stated objections if any, at right - there is no need to interfere with the orders of the CIT(A) – the order of the CIT(A) is upheld and the assessee is entitled to deduction u/s 80IB and obtaining a completion certificate belatedly is only a technical default which does not affect the claim of the assessee – Decided against Revenue. - ITA. No. 352/Hyd/2014 - - - Dated:- 18-6-2014 - Shri B. Ramakotaiah And Smt. Asha Vijayaraghavan,JJ. For the Petitioner : Mr. P. Somasekhar Reddy For the Respondent : Assessee Mr. A.V. Ragh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to allow the deduction. Ld. CIT(A) followed the ITAT order in ITA.Nos.103/H/2012 and 262/Hyd/2011 dated 30.10.2012 wherein ITAT directed the A.O. to examine certain issues with reference to completion certificate. Ld. CIT(A) for in this assessment year, however, following the decision of ITAT, Pune Bench in the case of Satish Bora Associates ITA.Nos. 713 714/PN/2010 dated 07.01.2011 and also examining section 455 of GHMC Act, 1955 and Revised Building Rules, 2006, examined the issue and allowed the contentions of the assessee by holding as under : 5.6. It is clear from a perusal of sec.455 of the GHMC Act, 1955 and Rule 12 13 of the Hyderabad Revised Building Rules, 2006 that the relevant provisions applicable to Hyderabad and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N/2010), dated 30.08.2011, where the ITAT observed as follows: It is also an undisputed fact that issuance of occupancy certificate is the prerogative of the local authority i.e., AMC and in this regard, the assessee has no control and it is beyond the power of the assessee to make the AMC issue the said Completion/Occupancy certificate before 31.3.2008. What was under the power and control of the assessee was only to move the AMC for completion certificate fulfilling all the requirements with the AMC for issuance of occupancy certificate which the assessee has done in the present case. Thus, the delay in issuing the occupancy certificate cannot be attributed on the part of the assessee to deny the claimed deduction u/s 80-1B(10) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal is allowed . 3. After considering the rival contentions and examining the orders placed on record, we are of the opinion that there is no need to interfere with the orders of the Ld. CIT(A). This order is in tune with the directions of the ITAT given to the A.O. in earlier two years and also following the principles laid down by various other Coordinate Benches on the issue. We agree with the findings of the Ld. CIT(A) that assessee is entitled to deduction under section 80IB and obtaining a completion certificate belatedly is only a technical default which does not affect the claim of the assessee. For these reasons, the Revenue grounds are rejected. 4. In the result, appeal of the Revenue is dismissed. Order pronounced in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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