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2015 (3) TMI 1368 - AT - Income TaxDeduction u/s 80IB(10) - as per revenue the original commencement certificate was issued to the assessee on 06.09.1991 i.e prior to 01st October 1998 - CIT-A allowed the claim - HELD THAT:- The condition for commencement is a primary condition and if the project is found commenced prior to 1.10.1998, it would not be entitled for deduction u/s 80IB(10), at the threshold without going into the other condition prescribed under the other clauses of section 80IB(10) There was some dispute at the time of original approval granted by the CIDCO on 6.9.1991 on the point of development charges as well as theatre and shops in the development plan. Accordingly, the original owner of the land in question challenged the action of CIDCO rejecting the modified development proposal vide order dated 18.06.1998 by filing the appeal u/s 47 of the Maharashtra Regional and City Planning Act 1966. The appeal was decided by the appellate authority on 8.9.1999. In pursuant to the order of appellate authority, the amended approval certificate dated 3.10.2005 was issued by the CIDCO. From perusal of the order dated 8.9.1999, we find that there was some construction in the project prior to the amendment proposal in the development plan put forward by the owner of the land which was rejected by the CIDCO vide order dated 18.06.1998. Therefore, the commencement of the project has to be taken into account as per the actual construction work started in respect of the project and not by taking into consideration the original sanction and amended sanction of the plan. Since the actual work of construction and development of the project has not been examined by the authorities below, therefore, in the facts and circumstances of the case, we set aside this issue to the record of AO for proper verification and examination of the fact and then decide the issue as per law. The issue of completion of project within the prescribed time limit is kept open - Decided in favour of revenue for statistical purposes.
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