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2014 (7) TMI 302 - AT - Income TaxClaim of deduction u/s 80IB of the Act – Belated completion certificate - Held that:- CIT(A) rightly followed the decision in M/s. Satish Bora & Associates Versus Assistant Commissioner of Income Tax [2011 (1) TMI 1215 - ITAT PUNE] - deemed issue of occupancy certificate would be applicable provided there are no major deviations in the plan - There is no evidence on record to show that any such major deviation took place - objections raised after expiry of 21 days no major deviation or unauthorised construction if any has been shown, it would be just and proper to treat the date after expiry of 21 days from receipt of Completion Certificate as date of completion for the purpose of meeting the requirement of Explanation (ii) below Sec. 80IB(10)(a) with this understanding that PMC will continue with its action against the assessee to set the stated objections if any, at right - there is no need to interfere with the orders of the CIT(A) – the order of the CIT(A) is upheld and the assessee is entitled to deduction u/s 80IB and obtaining a completion certificate belatedly is only a technical default which does not affect the claim of the assessee – Decided against Revenue.
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