9911796707
TMI Blog2011 (3) TMI 1674X X X X Extracts X X X X X X X X Extracts X X X X ..... the order dated 27.8.2009 passed by the learned CIT(A) for the AY 2006-07. 2. Ground No.1 is directed against CIT(A) s order in allegedly deleting the disallowance of `7,23,081/- u/s 40(a)(ia) of the IT Act as assessee failed to deduct tax at source from the said payment. 3. We have heard both the parties and gone through the orders of the authorities below. 4. On perusal of paragraph 7 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible business of construction of flats in respect of which the assessee is entitled to deduction u/s 80IB(10). In the light of this view taken by the learned CIT(A), it is clear that disallowance of `7,23,081/- u/s 40(a)(ia) has been upheld by the CIT(A) but, at the same time, he directed the AO to allow deduction u/s 80IB(10) on this amount if the assessee is entitled to deduction u/s 80IB(10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the AO only for the reason that the assessee failed to produce the completion certificate as per provisions of clause (10) of Section 80IB of the Act. However, the assessee produced the relevant certificate dated 21.3.2009 before learned CIT(A) in respect of which a remand report was called for by the learned CIT(A) from the AO. On the basis of the certificate produced by the assessee before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that he has no objection if AO is directed to examine and verify the certificate for the purpose of allowing deduction u/s 80IB(10) of the Act. We, therefore, restore this matter back to the file of the AO for a limited purpose to examine the completion certificate dated 21.3.2009 furnished by the assessee and then to decide the assessee s claim of deduction u/s 80IB accordingly. The AO s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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