TMI Blog2014 (5) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... land was less than one acre - Held that:- This issue is covered in favour of assessee by the order of ITAT, Pune ‘B’ Bench in Bunty Builders Vs. ITO [2010 (2) TMI 791 - ITAT, Pune ] to hold that the area of amenity space compulsorily required to be handed over to Municipal Corporation constitutes an integral part of housing project and hence, is required to be considered while calculating the one acre area of plot of land of housing project for the purpose of deduction u/s.80IB(10). So, the assessee is eligible for claiming deduction on this account as well. The Assessing Officer is directed accordingly. - Appeal decided in favour of assessee - ITA No. 667/PN/2013 - - - Dated:- 27-5-2014 - Shailendra Kumar Yadav (Judicial Member) And R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.937/PN/2010 in A.Y. 2006-07 in the case of Shri Krishna Haribhau Lohokare Vs. ITO, wherein, the Tribunal held as under: 14. The next objection of the Assessing Officer is that the assessee could not produce the completion certificate from the local authority i.e., Collector, Pune, the competent authority who has sanctioned the revised lay out and building plan of the project. According to the Assessing Officer, Keshavnagar Grampanchayat Mundhwa was not local authority competent to issue completion certificate. It is undisputed that the assessee has obtained completion certificate in respect of 80 flats included in buildings A, B, C, D E and 48 flats included in buildings F, G H from Grampanchayat Keshavnagar, Mundhwa, as m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from PMC limit at relevant point of time as stated above. So there is no question of issuing completion certificate from PMC at relevant point of time after exclusion of same from PMC limits as stated above. In such circumstances the Assessing Officer was not justified in holding that Grampanchayat Keshavnagar is not a local authority. The expression local authority has neither been defined u/s.2 nor u/s.80IB(10) of the act. However, the expression local authority is defined in Explanation 2 to section 10(20) of the Act as under: Explanation - For the purposes of this clause, expression local authority means (i) Panchayat as referred to in clause (d) of Article 243 of the Constitution or (ii) Municipality as referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be used alongwith word completion . This strict interpretation should be given in normal circumstances but facts before us are peculiar because of change of jurisdiction of land for the purpose of applicability of building bye laws. Assessee was incapacitated to obtain completion certificate from PMC because of exclusion of land in question from PMC limits which is beyond the control of the assessee. Assessee should not suffer for the same. Moreover, concerned Gram Panchayat who issue completion certificate within stipulated time is entitled for issuing completion certificate as stated above after exclusion of the land in question from PMC limits. The taxing statute granting incentives for promotion of growth and development should be con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in favour of assessee by the order of ITAT, Pune B Bench in Bunty Builders Vs. ITO (2011) 139 TTJ (Pune) 367, wherein vide para 9, the Tribunal held as under: 9. This circular thus gives-a clear indication that though the section does not specifically provide for the development plan roads or grant of other facilities etc., in a housing project but the same should conform to the project plan approved by the local authority. Our next reasoning is on the bapis of above discussion that the limit of the plot has to be construed with reference to the area available on the site on which the housing project is to be constructed and not with reference to the demarcation of land. Meaning thereby the housing project thus constitutes develop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cope of the statute. Normal rule of interpretation of statues is that the general words must receive a general construction unless there is something otherwise expressly provided in the statute. General words have ordinarily a general meaning then the first task in interpretation is to give the words their plain and ordinary meaning. This i s what we have gathered from the books available on this subject with an attempt to subscribe a simple and realistic meaning to the cl. (b) of s. 80-IB(10) of IT Act. Nothing more can be added hence we have to restrict the interpretation that the area of 1 acre should be available for the housing project inclusive of amenities required to be set apart as per the norms of a corporation. Therefore a j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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