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2018 (10) TMI 1031 - ITAT HYDERABADDenial of claim of deduction u/s 80IB - non issuance of completion certificate - deemed certificate - Held that:- As rightly observed by the Tribunal, though the assessee has completed the project by 31.03.2008 and had requested the local authorities for issuance of completion certificate since there was no provision under the GHMC Act of 1985 for issuance of completion certificate, the same was not furnished by the assessee. However, as per section 455 of the GHMC Act and sub section (2) thereof, no person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any work, until: (a) Permission has been received from the Commissioner in this behalf ; or (b) The Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate his refusal of the said permission. If the Commissioner does not intimate refusal to give the occupancy certificate, then it is deemed to have been given. In these circumstances also, we hold that the assessee is eligible for deduction u/s 80IB(10) as the relevant A.Y before us i.e. A.Y 2007-08 which is subsequent to the initial A.Y of the claim and the Tribunal has already allowed the deduction in the earlier A.Ys. - Decided in favour of assessee.
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