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2013 (1) TMI 599 - AT - Income TaxDeduction u/s 80IB - Whether in the absence of any completion certification showing completion of project before 31/03/2009 by the local authority, the assessee is entitled for claim of deduction u/s 80IB(10) - Assessee obtained approval from Municipal Authorities for construction of the project on 26/06/2004 - Structural Engineer certified that the project is completed on 15.9.2008 i.e. six months prior to the due date - The GHMC authorities issued completion certificate on 31.11.2009 i.e. 14 months after submission of completion certificate by the Structural Engineer Held that:- Following the decision in case of Satish Bora & Associates (2011 (1) TMI 1215 - ITAT PUNE) has set a legal principle under the provision of relevant Municipal Laws, where there is no concept of completion certificate but only the occupancy certificate. It also contains the provisions for deemed issue of completion certificate if Municipal Authorities did not raise objections if any after filing of the Completion Certificate by the concerned Architect It is not clear as to why the GHMC took only 14 months to issue the certificate and if there are any deviations from the approved plans by the assessee. One must examine, if the relevant Municipal Laws / Rules / Guidelines specify any time limitation for processing the certificate filed by the Architect / Structural Engineer as the case may be and issue of the final completion certificate. AO must also examine, if there is any provision in local laws for deemed acceptance of the Completion Certificate filed by the Structural Engineer of the project in local laws. All these issue requires the explanation of the assessee with the supportive evidence of law rules. The minor deviation if any ought not to disentitle the assessee for availing deduction. For fresh adjudication remand back to AO
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