2012 (10) TMI 803 - GUJARAT HIGH COURT

Deduction u/s.80-IB(10) of the Act - Held that:- In the present case, the facts are peculiar. The assessee had not only completed the construction two years before the final date and had applied for BU permission. Such BU permission was not rejected on the ground that construction was not completed, but the some other technical ground. In that view of the matter, granting benefit of deduction cannot be held to be illegal - In favor of assessee.

Not every condition of the statute can be seen as mandatory. - 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 deduction was being made available.