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2024 (12) TMI 1333 - AT - Income TaxDenial of deduction u/s 80IB(10) - assessee has not obtained the completion certificate from the Collector Pune in respect of three projects thus assessee has not completed the project before the specified date and certain flats in the projects were sold to the same buyers in violation of the provisions of section 80IB(10)(e) - HELD THAT - If the competent authority gives the completion certificate / occupancy certificate on the basis of the applications made by the assessee before the specified date without any deviation then the assessee in our opinion is said to have fulfilled the conditions of section 80IB(10) in light of the various decisions relied on by the Ld. Counsel for the assessee - It has to be seen as to whether the assessee has made the applications to the competent authority before the specified date or not which in the instant case is 31.03.2013. In the instant case admittedly such applications made to the competent authority before the specified date were filed in the shape of additional evidences only and the same were not produced before the Assessing Officer during the course of assessment proceedings. Although it was stated before the Ld. CIT(A) however there was no occasion on the part of the Ld. CIT(A) also to verify the same. We deem it proper to restore the issue to the file of the AO with a direction to call for information from the office of the Collector Pune i.e. the competent authority to find out as to whether the assessee has applied for completion certificate / occupancy certificate before the specified date or not and if so whether there is any variation in the application filed earlier and subsequently on 30.08.2014. AO may also find out the reasons for the delay in issue of completion certificate i.e. as to whether there was any lapse on the part of the assessee in fulfilling the conditions prescribed for making the application for occupancy certificate. AO shall also decide the prorata deduction and the violation of provisions of section 80IB(10)(e) of the Act afresh - Assessee ground allowed for statistical purposes.
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