2019 (5) TMI 292

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..... Assessing Officer for proper adjudication in the interest of justice. We set aside the order of the CIT(Appeals) and restore the matter back to the file of Assessing Officer to adjudicate the issue after considering the Completion Certificate which is now in possession of the assessee and as per law after providing reasonable opportunity of hearing to the assessee. - Appeal of the assessee is allowed for statistical purposes. - ITA No.142/PUN/2017 - - - Dated:- 30-4-2019 - Shri Anil Chaturvedi, AM And Shri Partha Sarathi Chaudhury, JM For the Assessee : Shri S.N. Puranik For the Revenue : Shri Sudhendu Das ORDER PER PARTHA SARATHI CHAUDHURY, JM : .....

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..... e Assessing Officer denied the deduction u/s.80IB(10) of the Act as the assessee failed to file certificate of the completion of project and determined total income at ₹ 5,13,58,770/-. 4. At the time of hearing, the Ld. AR of the assessee submitted that at the time of assessment proceedings as well as at the time of hearing before the Ld. CIT(Appeals), the assessee had not procured Completion Certificate for the project in question. However, at the present date, the assessee has procured the said Completion Certificate for the project which has been filed also in the paper book before us. The Ld. AR of the assessee prayed that in view of the Completion Certificate being received, the matter may be restored back to .....

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..... 6. On considering the objections raised by the Ld. DR for the Revenue for admission of the said additional evidences, we find it relevant and appropriate to admit the additional evidences considering the significance of the same. The validity of the said completion certificate and its issuance is the subject matter of litigation and the same goes to the root of the matter relating to the valid claim of deduction u/s.80IB(10) of the Act. Accordingly, we order the Revenue authorities to admit the additional evidences and re-adjudicate the only issue of claim of deduction u/s.80IB(10) of the Act. Thus, the impugned order is set aside and the issue is remitted back to the file of AO for making assessment afresh. Needless .....

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