9911796707
TMI Blog2022 (6) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... nt proceedings as well as appellate proceedings, is devoid of merits. We may clarify that the Assessing Officer has to assess and determine the claim of the assessee as per the directions of the higher authority but by using his own wisdom, which in the instant case has been correctly done by verifying the completion certificates on test check basis and found the same in order. Hence, on the aforesaid consideration and analyzations, we are inclined not to interfere with the order under challenge, as the same does not suffer from any perversity and impropriety and/or illegality. Consequently, the appeal filed by the Revenue is liable to be dismissed. - ITA No. 3171/Del/2019 - - - Dated:- 31-5-2022 - Shri N.K. Billaiya, Accountant Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es have been received or not. 2.3 The Assessing Officer while giving effect to the order of the Hon ble Tribunal, vide order dated 27.11.2017 passed u/s. 254/143(3) of the Act, disallowed the claim of deduction u/s. 80IB of the Act by concluding as per the directions of the Hon ble ITAT at page No. 21 22 para 28, the issue was verified. It is noticed that the completion certificates were not produced during the assessment proceedings as well as during the appellate proceedings in the office of ld. CIT(A)-1. Hence, no relief in this regard is allowed . 3. Being aggrieved by the order u/s. 254/143(3) of the Act passed by the Assessing Officer, the Assessee preferred an appeal before the ld. Commissioner, who vide order, impugned here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany has been given an opportunity of being heard vide letter dated 22.11.2018. In response to the same assessee's AR appeared and the issues involved have been discussed. The Completion Certificates in respect of the following projects have been verified on Test-Check basis and the same has been found to be in order. SI. No. Name of the project Amount (In Rs.) 1. East End Housing Project 63,15,760/- 2. AvantikaAkriti Housing Project 9,96,784/- 3. Golf Link-I Housing Project 14,59,067/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re such residential unit is situated within the city of Delhi or Mumbai or within 25 kms. from the municipal limits of these cities. (ii) The AO in his order u/s 254/ 143(3) dated 27.11.2017 categorically stated that the completion certificates had not been produced during assessment proceedings as well as during appellate proceedings. (iii) As per the requirements of the provisions of Section 80IB( 10) of the I.T. Act, the housing project as a whole should have been completed for which the deduction u/s 801 B( 10) has been claimed. (iv) Before submitting his remand report, the AO has not made any enquiries regarding the correctness and genuineness of the Completion Certificates submitted by the appellant and has merely verif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en verified on test-check basis and the same has been found to be in order : (i). East End Housing Project; (ii). AvantikaAkriti Housing Project; (iii). Golf Link-I Housing Project; (iv). Golf Link-II Housing Project; (v). Green Glade-I Housing Project; and (vi). Green Glade-II Housing Project 5.2 The learned Commissioner, while considering the remand report filed by the AO, wherein the completion certificates of the projects of the Assessee have been verified on test-check basis and found to be in order , allowed the deduction u/s. 80IB(10) of the Act for the assessment year under consideration and therefore the main contention of the Revenue Department is that the completion certificates have not been pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
