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2022 (6) TMI 71 - ITAT DELHIDeduction u/s 80IB - case of the Revenue is that the Assessee had failed to produce the completion certificates during the assessment proceedings as well as during the appellate proceedings - HELD THAT:- Commissioner, while considering the remand report filed by the AO, wherein the completion certificates of the projects of the Assessee have been verified on test-check basis and found to be in order, allowed the deduction u/s. 80IB(10) of the Act for the assessment year under consideration and therefore the main contention of the Revenue Department is that the completion certificates have not been produced during the assessment proceedings as well as appellate proceedings, is devoid of merits. We may clarify that the Assessing Officer has to assess and determine the claim of the assessee as per the directions of the higher authority but by using his own wisdom, which in the instant case has been correctly done by verifying the completion certificates on ‘test check basis’ and found the same in order. Hence, on the aforesaid consideration and analyzations, we are inclined not to interfere with the order under challenge, as the same does not suffer from any perversity and impropriety and/or illegality. Consequently, the appeal filed by the Revenue is liable to be dismissed.
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