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TMI Blog2019 (6) TMI 1730X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee had completed construction of entire housing project before 31st March, 2008, which was the last date of such completion. The assessee had also applied for completion certificate before the local authorities before such date. The local authority however, took some time in issuing such certificate, primarily since the urban land ceiling certificate was not immediately available. Thus, it can be seen that there was substantial compliance on the part of the assessee. As decided in Tarnetar Corporation [ 2012 (10) TMI 803 - GUJARAT HIGH COURT ] under similar circumstances held that assessee had completed the construction well before March 31, 2008, is not in doubt. It is, of course, true that formally the BU permission was not granted by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee had completed construction of entire housing project before 31st March, 2008, which was the last date of such completion. The assessee had also applied for completion certificate before the local authorities before such date. The local authority however, took some time in issuing such certificate, primarily since the urban land ceiling certificate was not immediately available. Thus, it can be seen that there was substantial compliance on the part of the assessee. We may note that the Gujarat High Court in the case of Commissioner of Income Tax V/s. Tarnetar Corporation [[2014] 362 ITR 174 (Guj)] in similar circumstances had observed as under : 4. The commissioner of Income-tax (Appeals) as well as the Tribunal after detailed discuss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... local authority. If substantial compliance thereof is established on record, in a given case, the court may take the view that minor deviation thereof would not vitiate the very purpose for which the deduction was being made available. 4. In case of Commissioner of Income-Tax V/s. Hindustan Samuh Awas Ltd. [[2015] 377 ITR 150 (Bom)] this Court held and observed as under : 11. The question we raise here is whether the Explanation introduced an element of harshness to such an extent that it rendered the main provision nugatory ? In our view, the Explanation is introduced recently to put an end to a controversy, which might arise before the Assessing Officer about the date of completion. The intention of the Legislature in providing Explanatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tificate would alone decide the date of completion of the project ? The answer is in the negative. 12. In the facts of this case, admittedly, the architect of the project had given a certificate prior to March 31, 2008. The Respondent submitted application to the municipal authority along with such certificate well in time on March 25, 2008. It seems that the municipal authorities directed the Respondent to deposit certain amount for issuance of completion certificate on March 27, 2008 and the amount was, accordingly, deposited on March 31, 2008. Thereafter, the certificate was issued in October 2008. This delay cannot be attributed to the respondent-assessee. 5. The Registry is directed to communicate copy of this order to the Tribunal. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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