TMI Blog2010 (12) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... e of issue of letter is not important, but the date mentioned in the letter certifying completion of project is important. We, therefore, do not find any merit in the observation of the lower authorities to the effect that the date of completion shall be taken the date on which certificate is physically issued by the Local Authorities. We restore the matter back to the file of AO and assessee is at liberty to procure the required letter/certificate from the Local Authority clearly mentioning therein the date of completion of the project. - SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C.SHARMA, ACCOUNTANT MEMBER Appellant by : Shri M.K.Sharma, C. A. Respondent by : Shri P.K.Mitra, Sr. DR ORDER PER R. C. SHAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y regarding completion of the project. He further submitted that after giving this letter, the assessee was asking again and again to the Local Authorities for issue of necessary certificate. He also invited our attention to the letter of Municipal Authorities dated 15.12.2008 indicating that project of m/s. D.K.Honey Homes was completed and same was transferred to Municipal Corporation Kolhar. As per ld. Authorized Representative whatever assessee can do for getting the certificate is to inform the competent authorities regarding completion of its project and merely because this certificate was not issued immediately by the Local Authorities over which the assessee was not having any control, the same cannot be made the basis for denial of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporation, Bhopal. As per ld. Sr. DR, the primary condition for allowing claim of deduction u/s 80-IB is that the Project should be approved prior to 1.4.2004 and should have been completed before 31.3.2008. The first condition regarding approval was not disputed, but the second condition, which is also equally important for allowing assessee s claim is regarding completion of the project, which has not been fulfilled. He, accordingly, justified the order of the ld. CIT(A) for confirming the disallowance of claim of deduction u/s 80-IB. 7. We have considered the rival contentions, carefully gone through the orders of the authorities below and relevant material placed on record towards which our attention was invited during the course o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etter so issued by the Local Authorities should clearly mention the date of completion of such project. Merely because such certificate is issued after gap of 8-9 months or even one year, will not adversely affect the assessee if it has mentioned clearly the date of completion of project prior to 31.3.2008. Once the letter for completion of project is given by the assessee to the Local Authority, it is the duty of the Local Authority to verify physically the Projects stated to be completed from its own parameters. This process may take time and, therefore, the date of issue of letter is not so crucial to determine the assessee s eligibility for claim of deduction as per Explanation (ii) of Section 80IB(10)(a) of the Income-tax Act, 1961. Wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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