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2017 (8) TMI 1134 - AT - Income TaxDisallowing the claim of deduction under section 80IB(10) - assessee failure to produce occupancy certificate of the local authorities i.e. Vasai Municipal Corporation within the prescribed time limit - Held that:- Once architect has given certificate for completion and such certificate is submitted before the Municipal Authority along with application, and deposited the amount for issuance of OC, the delay cannot be attributed to the assessee and it shall be considered as fulfillment of all the conditions as prescribed u/s 80IB(10) of the Act. In the present case before us, we find that the commencement certificate of the project was dated 17-07-2003 and assessee fulfilled all the conditions because he could not have obtained the completion certificate from local authority on or before 31-03-2008 but obtained architect certificate that the project was completed before October 2006 as issued by the architect M/s W N Associates dated 12-10-2006 and submitted before the Vasai Municipal Authority. Even otherwise, the issue is covered by the Tribunal decision in assessee’s own case in the immediate preceding year. - Decided in favour of assessee.
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