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2020 (3) TMI 229 - HC - Income TaxDeduction claimed under section 80-IB(10) - notify the industrial park of the petitioner under rule 18C of the Income-tax Rules, 1962 - HELD THAT:- It is not in dispute that the petitioner had applied for the occupancy certificate along with the architect's certificate before the Bangalore Development Authority on December 29, 2006 well within the stipulated period of one year as enumerated in condition No. 5(ii) of the approval under the Scheme 2002 and the said occupancy certificate was issued on June 23, 2007. The delay caused by the authority in issuing the occupancy certificate would not obliterate the rights of the petitioner to avail of the benefit under section 80-IA(4) of the Act vitiating the very purpose of the approval granted by respondent No. 2. If the compliance is made on the part of the petitioner, the same cannot be frustrated on technicalities or minor deviations by applying the Industrial Park Scheme 2008 which was not in force during the relevant period. The arguments of the learned counsel for the Revenue on these grounds requires to be negated. The action of the respondent No. 1 instructing respondent No. 2 vide official memorandum dated March 1, 2012 to withdraw the approval suffers from the vice of arbitrariness and lacks jurisdiction. In terms of the Scheme 2002, respondent No. 1 is empowered to issue the notification under rule 18C of the Rules in compliance with the approval order of respondent No. 2 not to adjudicate upon it. The language employed in the official memorandum impugned would not indicate that the instructions therein were only recommendatory. Even if the same to be construed as recommendatory, no such recommendation has been accepted by respondent No. 2. Respondent No. 1 is directed to notify the petitioner's industrial park under rule 18C of the Income-tax Rules, 1962 in terms of the Industrial Park Scheme, 2002 in an expedited manner, in any event, not later than three months from the date of receipt of certified copy of the order.
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