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2014 (8) TMI 1018 - ITAT AHMEDABADDisallowance of deduction u/s. 80IB(10) - AO held that the assessee lost eligibility for claiming deduction u/s. 80IB(10) since the assessee failed to obtain project completion certificate from VMSS for the entire project - Held that:- We find that in the instant case, the housing project was approved on 10.03.2004 by the competent authority. The above fact is not in dispute. On the above fact, as per the decision of the Hon’ble Delhi High Court in the case of CIT Vs. CHD Developers (2014 (1) TMI 1542 - DELHI HIGH COURT), the condition for obtaining completion certificate within four years of the date of approval for being eligible for deduction u/s. 80IB(10) is not applicable. The Departmental Representative could not point out any good reason as to why the aforesaid decision of the Hon’ble Delhi High Court should not be followed in the instant case. We, therefore, respectfully following the above decision of the Hon’ble Delhi High Court, set aside the order of the Commissioner of Income Tax (Appeals) on this issue and delete the disallowance of deduction u/s. 80IB(10) of the Act to the assessee - Decided in favour of assessee
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