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2021 (4) TMI 404 - HC - Income TaxDeduction u/s 80IB(10) - Mandation of submitting project completion certificate - Whether Tribunal is justified in directing the AO to allow deduction under Section 80IB(10) without observing the violation of Section 310 of the Karnataka Municipal Corporation Act, which directs the assessee to apply for completion certificate only after the project is completed: whereas it is evident from records that the assessee has submitted application for completion certificate on or before 31.03.2009 which is mandatory as per provisions of Section 80IB(10) of the Act.? - HELD THAT:- As the substantial questions of law involved in this appeal stands concluded against the Revenue and in favour of the assessee in view of the following decisions rendered by the Hon'ble Supreme Court, by the Bombay High Court and by this Court in P. SHYAMARAJU VS.KEB, BANGALORE [1996 (11) TMI 477 - KARNATAKA HIGH COURT], HINDUSTAN SAMUH AWAS LIMITED [2015 (10) TMI 2306 - BOMBAY HIGH COURT], MAJESTIC DEVELOPERS [2019 (11) TMI 1447 - KARNATAKA HIGH COURT] and NARAYAN BUILDERS [2016 (2) TMI 1298 - KARNATAKA HIGH COURT] Thus the substantial questions of law involved in this appeal are answered against the Revenue and in favour of the assessee. In the result, we do not find any merit in the appeal and the same is hereby dismissed.
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