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2020 (4) TMI 653 - AT - Income TaxDeduction u/s 80IB - eligible housing project - basic condition of obtaining the approval from the local authority for housing project unfulfilled - HELD THAT:- The instant case is not case involving some alterations in the building plan at a later stage but is rather a case where the first building plan approved within the cut off limit has been totally obliterated and stands replaced by building plan. The development permission towards the impugned building plan was applied and taken subsequent to the cut off date. In the absence of any continuity or integrity between the initial approval and subsequent approval,the date of first approval within cut off limit cannot be reckoned for the purposes of second approval. The basic condition of obtaining the approval from the local authority for housing project in specified time limit thus remains unfulfilled for the housing project in question. The housing project in Explanation-l(i) is qualified and punctuated by implicit condition. The use of word 'the' preceding the; expression 'Housing project1 is suggestive and indicative of the fact that: the 'Housing project' should be broadly the same. Approval for a giver housing project at the first instance will not grant an indefeasible or vested right under Explanation-l(i) for a altogether new project. There should be some demonstrable and intense relationship between earlier approval obtained in respect of 'housing project' vis-a-vis subsequent approval. The law cannot be surpassed to grant relief. Nothing turns out on the use of the expression ‘revised permission' by local authority. As noted, the approval for revises housing project has no rational connection with the first housing project for which the approval was initially taken. As per the express language prodigious benefit offered therein stands forfeited unless a housing project is approved by the local authority before 31/03/2008. In the instant case, the second approval taken for the housing project concerning high-rise building betrays the aforesaid condition outlined. This being so, the ratio of the decisions cited do not govern the issue even on most liberal and utmost considerations. Thus, the action of revenue is found to be in accord with mandate of law. - Decided against assessee.
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