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2014 (8) TMI 1018

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..... t was approved on 10.03.2004 by the competent authority. The above fact is not in dispute. On the above fact, as per the decision of the Hon’ble Delhi High Court in the case of CIT Vs. CHD Developers (2014 (1) TMI 1542 - DELHI HIGH COURT), the condition for obtaining completion certificate within four years of the date of approval for being eligible for deduction u/s. 80IB(10) is not applicable. T .....

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..... nst the order of the Commissioner of Income Tax (Appeals)-II, Baroda dated 26.08.2010. 2. The only grievance of the assessee in this appeal is that the Commissioner of Income Tax (Appeals) erred in confirming disallowance of deduction u/s. 80IB(10) of the Act by the Assessing Officer holding that the assessee lost eligibility for claiming deduction u/s. 80IB(10) since the assessee failed to obt .....

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..... t of housing project but for not obtaining the certificate of completion from the local authority approving the project. 5. Before us, the Authorized Representative of the assessee pointed out that the law which requires obtaining of completion certificate from the local authority who had granted approval for the project has come into force with effect from 01.04.2005 and therefore applicable i .....

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..... dity. As a consequence, the Tribunal was not, therefore, in error of law while holding in favour of the assessee. 6. We find that in the instant case, the housing project was approved on 10.03.2004 by the competent authority. The above fact is not in dispute. On the above fact, as per the decision of the Hon ble Delhi High Court in the case of CIT Vs. CHD Developers (supra), the condition for .....

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