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TMI Blog2018 (10) TMI 1840X X X X Extracts X X X X X X X X Extracts X X X X ..... 961 (for short 'the Act'). 2. Brief facts of the case are that the assessee a partnership firm undertaking business activities of developers and builders, filed its return of income for the assessment year under consideration declaring the total income of Rs. 70,62, 93,650/-. The assessee also filed revised return declaring the total income of Rs. 52,27,140/- after claiming deduction u/s 80IB of the Act. The return was processed u/s 143 (1) of the Act. Subsequently, the case was selected for scrutiny and statutory notices u/s 143 (2) and 142 (1) were issued. In response to the said notices, the authorized representative appeared before the AO and also furnished the details and discussed the case. The assessee had claimed to have completed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts and in the circumstances of the case and in law, the CIT (A) has erred in deleting the disallowance of claim of Rs. 70,10,07,418/- u/s 80IB of the Act by relying upon ITAT's order in the case of the assessee in A.Y. 2010-11 wherein ITAT has given a finding of fact that the project has been completed within the stipulated time limit of 31.3.2013 and there is no violation of any of the conditions mentioned in the proviso of section 80IB (10) of the Act, which order has not been accepted by the department and appeal filed before the High Court on the ground that ITAT has not recorded reasons of satisfaction before admitting and allowing new additional documents produced by the assessee for the first time, as envisaged in Rule 29 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gar Palika has stated that the completion certificate has been issue after following the procedure laid down under M.M.C Act,1888. The Ld. counsel further submitted that in the revised return, the assessee has clarified as to why revised return was filed claiming the deduction. The Ld. counsel further submitted that the assessee's case is covered by the decision of the Mumbai Bench of the Tribunal rendered in the assessee's own case for the A.Y. 2010-11. Since, the Ld. CIT (A) has decided the issue in favour of the assessee by following the decision of the ITAT, Mumbai, there is no merit in the appeal of the revenue. 6. We have heard the rival submissions and also gone through the order passed by the authorities below in the light of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee Shri. Percy Pardiwala took us through the completion certificate granted by BMC vide dated 10.9.2007 in respect of this project, which is enclosed at pages 13 to 25 of assessee paper books. The Ld. Counsel further took us through occupation certificate issued by Municipal Corporation of Grater Mumbai vide CE/1154/BPES/AS dated 26.2.2013 and also another approval CE/1154/BPES/AS dated 4.3.2013 this approvals covers full occupation permission for blocks "A", "B", "C", "D" and "E" of building comprising of stilt + 1st to 19th + (Part) 20th upper floors and ground floor of this project. These approvals are enclosed at pages 33-37 of assessee's paper book. As regards to the withdrawal of claim for A.Y. 2012-13, the ld. Counsel for the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the stipulated time. While the AO held that it has not been completed within the stipulated time, the Hon'ble ITAT has categorically stated in its order that project has been completed within the stipulated time. 4.3.4 Respectfully following the decision of the Hon'ble ITAT in the appellant's own case on the same issue for the immediately preceding assessment years, these grounds of appeal filed by the appellant are allowed." 8. Since, the Ld. CIT (A) has decided the issue in favour of the assessee by following the decision of the coordinate Bench rendered in the assessee's own case for the A.Y. 2010-11 and 2011-12, we do not find any reason to interfere with the decision of the Ld.CIT (A). Moreover, the Ld. DR has not brought to our not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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