9911796707
TMI Blog2016 (10) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax Act, 1961 (the Act) challenges the order dated 25th June, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 200708. 2. Mr. Bajpayee, learned Counsel for the Revenue only urges the following questions of law for our consideration : (i) Whether on the facts and in the circumstances of the case and in law, the Tribunal er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has been approved by the local Authority in terms of clause (a) to Section 80IB(10) of the Act. This for the purposes of deciding the date of completion of the construction so as to obtain the benefit of Section 80IB(10) of the Act. The grievance of the Revenue is that the project was approved on 2nd November, 2003 which according to the Revenue would be the relevant date for the purpose of Expl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 7826.89 sq.meter on 1st October, 2004 was sold to the assessee. The impugned order records the fact that prior to the sale of the plot to the respondent assessee, the previous owner had not carried out any development work in respect of the plan sanctioned in the year 2003. In the above view, the Tribunal records the fact that the approval obtained on 2nd November, 2003 was in respect of a diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion would not apply where the approval is granted to different housing projects. In view of the concurrent finding of fact by two Authorities, which is not shown to be perverse and the application of law as settled by this Court on those facts, the question of law as framed does not give rise to any substantial question of law. Thus, not entertained. 6. Therefore, the appeal is dismissed. No orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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