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TMI Blog2014 (9) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act following the decision of ITAT in A.Y.2006-07 as discussed above. Nothing contrary has been brought to our knowledge on behalf of the Revenue. Facts being similar, so following the same reasoning, we are not inclined to interfere with the finding of CIT(A), who has allowed the claim of the assessee by following the decision of assessee’s own case by ITAT order for A.Y. 2006-07. - Decided against revenue - ITA No.1733/PN/2013 - - - Dated:- 9-9-2014 - SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER Appellant by : Shri B.C. Malakar ORDER PER SHAILENDRA KUMAR YADAV: This appeal has been filed by the Revenue against the order of the Commissioner of Income Tax (Appeals)-II, P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from business of stone quarry and hotel. The return of income was filed declaring total income of ₹ 44,55,243/- and the same has been assessed u/s 143(3) of the Act determining the total income of ₹ 1,75,27,907/-. During the assessment proceedings, the Assessing Officer found that the assessee had claimed deduction u/s 80IB(10) of the Act amounting to ₹ 1,30,72,664/-. The Assessing Officer relied on the detailed discussion on the same issue of 80IB(10) deduction claim of the assessee disallowed during A.Y. 2006-07 and found the facts of the case during the year under consideration was similar to A.Y. 2006- 07 and thus disallowed the claim of deduction u/s 80IB(10) of the Act. 2.1 The matter was carried before first appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue was covered in favour of the assessee by decision of ITAT, wherein, the Tribunal has observed as under: 15. In view of the above we hold that assessee should not suffer for any administrative change with regard to applicability of building bye laws in particular area. The problem arose with regard to completion certificate by PMC by virtue of the fact that area of the land in question was excluded from PMC limits at relevant point of time as discussed above. In such peculiar conditions, the benefit bestowed on assessee should not be denied for no fault of the assessee. Such liberal interpretation should be used in favour of assessee when he is incapacitated in complying certain provisions for the reasons beyond his control. In ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance the object of provision and not to frustrate the same. The provisions of taxing statute should be construed harmoniously with, the object of the statute to effectuate legislative intention. This view is fortified by decision of Pune Tribunal in the case of Ramsukh Properties (supra), Rahul Construction Co. (supra) and others. 16. In view of above, we hold that gram Panchayat Keshav Nagar, Mundhwa Pune, is local authority for the purpose of issuing completion certificate for claiming deduction u/s.80IB(10) in respect of profit from sale of eligible flats in project in question. Assessee fulfilled all conditions laid down for claim of deduction u/s 80IB(10) of the Act as detailed above. The Assessing Officer is directed accordingly. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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