9911796707
TMI Blog2014 (12) TMI 1320X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2001 - if the earlier certificate was lapsed or were treated as cancelled, then, the Tribunal was right in its conclusion that benefit of section 80IB (10) can be derived or taken by the assessee thus all the three conditions for availing of the deduction or benefit are, thus, complied with - hence the appeal does not raise any substantial question of law and it is, accordingly, dismissed - INC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that two questions of law at page 6 and 7 and formulated by the Revenue are substantial questions of law. 4] He submits that the first question at best could be said to be covered by a Division Bench judgment of this Court in the case of Commissioner of Income Tax V/s. M/s. Brahma Associates reported in (2011) 333 ITR 289. However, the second question cannot be said to be so covered. 5] In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or invalid. 6] On the other hand, Mr. Mistry, learned Senior Counsel, submits that there is a pure finding of fact and which would demonstrate that though a commencement certificate was issued on 2nd March, 2001, yet, what the Assessing Officer proceeded was on a foundation that this is issued muchafter the dead line of 1st October, 1998 as per section 80IB(10) of the Act. The commencement cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of section 20(1) clause (a) or (b) and only upon such exemption being granted can the municipal authority proceed to grant a commencement certificate. This date is referred in para 13.2 of the order of the Tribunal with the attendant facts. 7] The Tribunal also noted the further factual position as brought on record by the Assessee. 8] After hearing both sides at length, we are of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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