9911796707
TMI Blog2012 (7) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... essee to furnish the detail of total plot areas of this project with type of houses i.e. duplex of flat, built-up/sanctioned area of construction, date of commencement of construction etc. The Assessing Officer also required the assessee to produce the completion certificate of this project. The Assessing Officer has observed that the assessee has not produced the completion certificate which was to be obtained from local authority/Municipal Corporation. Accordingly, the Assessing Officer held that the assessee has not fulfilled the condition for availing deduction u/s 80IB(10). During the course of appellate proceedings, it was stated that as the completion certificates have been issued to the assessee after finalization of assessment, therefore, the same could not be produced before the Assessing Officer and accordingly, it was requested that the same should be accepted u/r 46A of Income Tax Rules. It was also claimed that as the deduction u/s 80IB(10) was rejected on account of non-production of completion certificate, now, on furnishing of completion certificate, the claim of the assessee u/s 80IB(10) may be allowed. 4. The CIT(A) asked the remand report from the Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pletion of the asst. order i.e. 30/11/2009. During the appellate proceedings in the first submission of the appellant stated that he was required to obtained completion certificate up to 31/03/2011. The appellant subsequently filed completion certificate bearing Nos. 183 dated 30/03/2010, 184 dated 30/03/2010, 185 dated 30/03/2010 and 186 dated 30/03/2010. These completion certificates have been issued by Municipal Corporation, Bhopal, on the basis of application filed by the appellant 17/02/2010. As per these completion certificates the date of completion of the project as well as date of issue of certificate is 30/03/2010. All these documents including completion certificates were filed as additional evidences. The above facts will indicate that the appellant did not completed the housing project within in the period stipulated under provision of sec. 80IB(10) i.e. up to 31/03/2009. It is further noticed that the appellant has subsequently taken a plea that the first housing project was not approved on 29/03/2005 and that the project was in fact approved on 05/04/2005. In this connection it may be stated that during asst. proceedings the appellant has never disputed the issue of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no document to suggest that the permission bearing no. 2078 dated 29.03.2005 was not issued or that was not issued or that the certificate is incorrect. There is nothing in the report of the Nagar Nigam Bhopal which may indicate the building permission was granted after 01.04.2005. The appellant has contended that dues of property tax and other levies were deposited on 31/0312005 vide receipt no. 2559/5 in Zonal Office of Nagar Nigam Bhopal and that after such deposit of amount, no dues certificate was issued on 01/04/2005. In this connection it is noted that as per permission certificate dated. 29/03/2005 the amount have been deposited vide receipt no. 2899/60 dated 29/03/2005 and not vide receipt no. 2559/5. It indicates that the facts stated by the appellant as regards issue of permission certificate dated 29/03/2005 are not factually correct. The aforesaid discussion abundantly make it clear that the appellant was required to complete its project by 31.03.2009 whereas, the appellant has completed its project by 31.03.2010 which is evidenced from the certificate issued by Municipal Corporation, Bhopal. The appellant has, therefore, failed to comply with an essential requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant project for which assessee has claimed deduction u/s 80IB(10) was approved by the Municipal Authorities on 29.3.2005. Such permission is generally issued subject to fulfillment of certain conditions. On the plea that these conditions were fulfilled only after 30th March, 2005, as per the assessee, the building permission should be taken as a date of issue of no objection certificate, which was issued after 1st April, 2005. There is no dispute to the provisions of law relevant to assessment year 2007-08 and 2008-09 that for claim of deduction u/s 80IB(10) the housing project which have been approved prior to 31st March, 2005, the same are required to be completed by 31st March, 2009, and certificate of completion is to be issued by the Municipal Authorities in this regard. There is also no dispute to the fact that project was approved by Municipal Authorities vide certificate No. 2078 dated 29.3.2005. In this certificate, it was also mentioned that an amount of Rs. 25,000/- has been deposited vide receipt no. 2899/60 dated 29.3.2005. This certificate is duly signed by Assistant Engineer, Municipal Corpn., Bhopal. Since the certificate for giving approval of the project was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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