TMI Blog2018 (12) TMI 1342X X X X Extracts X X X X X X X X Extracts X X X X ..... been issued by the municipal corporation before the last date for completion of project. The aforesaid decision in Hindustan Samuh Awas Ltd (supra) of this Court had dismissed the Revenue's appeal at final hearing on the substantial question of law. Moreover, the decision was rendered after the appeal in the case of Satish Bora (supra) was admitted. As the decision in Hindustan Samuh Awas Ltd (supra) concludes the issue raised herein finally, the same is binding upon us. More so in absence of the Revenue being able to show any distinguishing factor in this case which would warrant different view than that taken by this Court in Hindustan Samuh Awas Ltd (supra). No substantial question of law. - INCOME TAX APPEAL NO. 774 OF 2016 - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act has been satisfied by the respondent - assessee or not. The impugned order of the Tribunal records a finding that in the present facts, the respondent had in respect of the project for which it was granted commencement certificate on 21.11.2005 was completed on 4.12.2007. This is evident by the application for completion certificate along with the Architect's certificate to Pune Municipal Corporation. However, there has been a delay on the part of Municipal Corporation in issuing the necessary requisite completion certificate. The impugned order dated 31.12.2014 upheld the order dated 31.1.2013 of the Commissioner of Income Tax (Appeals) [CIT(A)] which had on the facts found that the project was completed much before the five ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urangabad Vs. Hindustan Samuh Awas Ltd, [2015] 62 taxmann.com 175 (Bombay) holding on identifal facts that where the builder has completed a housing project within the time provided under Section 80IB(10)(a)(iii) of the Act and had also filed an application seeking completion certificate from the Municipal Corporation in time, then, the said builder - assessee is entitled to the benefit of Section 80IB(10)(a)(iii) of the Act. This notwithstanding the fact that the certificate has not been issued by the municipal corporation before the last date for completion of project. The aforesaid decision in Hindustan Samuh Awas Ltd (supra) of this Court had dismissed the Revenue's appeal at final hearing on the substantial question of law. Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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