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2013 (7) TMI 198 - ITAT PUNEDeduction u/s 80-IB(10) - issuance of completion certificate by local authority - Held that:- Completion certificate was applied for before 31-3-2008 i.e. on 12-3-2008. It is undisputable that the application of the assessee has been approved by the local authority without raising any amendment or objection, as has been asserted by the assessee all along and the delayed issuance of the completion certificate by the local authority on 5-5-2008, albeit after the mandated date of 31-3-2008 cannot be attributed to the assessee. - denial of deduction u/s 80-IB(10) on such score is uncalled for. - Deduction allowed - Decided in favor of assessee. Deduction u/s 80-IB(10) - Certain adjoining flats in the housing project were sold to a single person or person belonging to one family - Held that:- local authority has sanctioned two flats separately and even in the occupation/completion certificate issued by the Pune Municipal Corporation, two flats have been considered as independent units - no material to show that the assessee had combined two adjoining flats so as to consider them as one unit for the purpose of examining the applicability of clause (c) to section 80-IB(10) - Following decision of Emgeen Holdings P. Ltd. Vs. DCIT [2011 (7) TMI 199 - ITAT MUMBAI] and DCIT Vs. Arcade Bhoomi Enterprises [2013 (7) TMI 210 - ITAT MUMBAI]- Decided in favour of assessee.
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