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TMI Blog2022 (7) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... 0(6) of the Income-tax Act, 1961 (in short 'the Act'). 2. Since the facts and question of law involved in both the appeals are similar therefore both theappeals are being disposed of by this consolidated order, for the sake of convenience and brevity. 3. First we will decide the appeal of the Revenue department for the assessment year 2005-06. 3.1 In the instant case, the Assessee had claimed deduction u/s. 80IB(10) of the Act for a sum of Rs.2,43,22,929/- qua eligible projects, that is - (i) East End Housing Project Rs.4,46,538/- (ii) AvantikaAakiriti Housing Project Rs.33,73,860/- (iii) Golf Link-I Housing Project Rs.51,25,834/- (iv) Golf Link-II Housing Project Rs.39,03,429/- (v) Green Glace-II Housing Project Rs.80,39, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certificates submitted by the Assessee and has merely verified the same on test check basis during the remand proceedings. Secondly, the Assessing Officer, in his order u/s. 254/143(3) dated 27.11.2017 categorically stated that the completion certificates had not been produced during the assessment proceedings as well as during the appellate proceedings. Further, the ld. Commissioner did not discuss about fulfilling all the conditions for the eligibility of deduction u/s. 80IB(10) of the Act other than verification of completion certificates. 6 We observe that in the assessment year 2004-05, identical issue was involved, wherein the Revenue department against the order of the then ld. CIT(Appeals)has also preferred the appeal before the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etter dated 13.11.2018. The assessee company 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 testcheck 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduced during the assessment proceedings as well as during the appellate proceedings in the office of the CIT(Appeals), hence, no relief in this regard is being allowed. 6.2 We find that while allowing the claim u/s. 80IB of the Act to the Assessee, the ld. Commissioner sought the remand report from the Assessing Officer, who in the remand proceedings verified the completion certificates on test check basis and found the completion certificates in order and accordingly, the ld. Commissioner while relying upon the remand report, allowed the claim of the Assessee qua deduction u/s. 80IB(10) of the Act. Therefore, we are of the considered view that the contention with regard to the non-fulfilling of twin conditions for the eligibility of dedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present case, Hon'ble ITAT has directed the A.O. to verifiy the completion certificates. Inthe operating part of the order, Hon'ble ITAT has allowed the appeal of the Revenue without any direction." 7.2 The controversy in the instant case revolves around the completion certificates of the projects, on which the Assessee has claimed deduction u/s. 80IB(10) of the Act. Once, the completion certificates on test check basis found to be in order in the remand proceedings conducted by the Assessing Officer on the direction of the ld. Commissioner, and the same has been accepted by the ld. Commissioner as it reflects in the impugned order, nothing survives against the claim of deduction of the Assessee. As the facts and circumstances of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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