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2012 (9) TMI 688 - AT - Income TaxDisallowance of Claim u/s 80IB(10) - The assessee is engaged in the business of construction and sale of residential house - Assessee constructed houses claiming deduction u/s 80IB(10) with built-up area of less than 1500 sq. ft. – One house measured by registered valuer found to be more than 1500 sq. ft. – Project has been completed but Municipal Corporation has not issued completion certificate - Held that:- As the local municipal authority has not issued the completion certificate till date which clearly shows that the required conditions were not fulfilled. It is worth mentioning here that as per certificate of the architect, a general letter “To Whom It May Concern” has been mentioned and it is not addressed to the Municipal authorities. Even otherwise, there is no signature/seal of the Municipal authorities evidencing that this letter was in fact filed before the Municipal authorities. Appeal decides in favour of assessee
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