2010 (12) TMI 1196 - AT - Income Tax

Claim of deduction u/s 080 - HELD THAT - Once the letter for completion of project is given by the assessee to the Local Authority it is the duty of the Local Authority to verify physically the Projects stated to be completed from its own parameters. This process may take time and therefore the date of issue of letter is not so crucial to determine the assessee s eligibility for claim of deduction as per Explanation (ii) of Section 80IB(10)(a). What is crucial is date mentioned in the letter so issued certifying completion of the Project. Thus the date of issue of letter is not important but the date mentioned in the letter certifying completion of project is important. We therefore do not find any merit in the observation of the lower authorities to the effect that the date of completion shall be taken the date on which certificate is physically issued by the Local Authorities. We restore the matter back to the file of AO and assessee is at liberty to procure the required letter/certificate from the Local Authority clearly mentioning therein the date of completion of the project.

Summary

Issues:
Appeal against CIT(A) order for disallowance of deduction u/s 80-IB for project completion date.

Analysis:
The appellant, a civil construction firm, claimed a deduction u/s 80IB(10) for its project D.K. Honey Homes. The AO disallowed the claim as the project was not completed before 31.3.2008, a prerequisite for the deduction. The CIT(A) upheld the disallowance, leading to the current appeal.

The appellant argued that it had completed the project before the deadline and had informed the local authority accordingly. Despite repeated requests, the completion certificate was not issued promptly. The appellant contended that it had fulfilled its obligations and had no control over the delay in certificate issuance.

On the other hand, the Senior DR highlighted that no completion certificate was issued to the appellant as per the letter from Local Authorities. It was emphasized that completion before 31.3.2008 is a crucial condition for claiming deduction u/s 80-IB, which the appellant failed to meet.

The Tribunal examined the provisions of Section 80IB, emphasizing that the completion certificate from Local Authorities determines the project's completion date. The delay in certificate issuance does not impact the claim if the completion date is clearly mentioned. The Tribunal disagreed with the lower authorities' view that the physical issuance date of the certificate is crucial, emphasizing the importance of the completion date mentioned in the certificate.

Consequently, the Tribunal directed the matter back to the AO for the appellant to obtain a certificate clearly stating the project's completion date. The AO was instructed to reconsider the issue based on the new certificate. As a result, the appeal was allowed for statistical purposes.

In conclusion, the Tribunal's decision focused on the significance of the completion date mentioned in the certificate issued by Local Authorities for claiming deduction u/s 80-IB, rather than the date of physical certificate issuance.