TMI Blog2016 (2) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... ttina Properties [Supra] did not take the view only because completion certificate from Panchayat was produced, but on the contrary, in the said decision it was found by this Court that neither in the Income Tax Act nor in Karnataka Municipal Corporations Act, is there any provision for issuance of completion certificate by the local authorities and therefore, Revenue ought not have insisted for production of such certificate for getting benefit under the Income Tax Act. Therefore, distinction as sought to be canvassed by the learned counsel for the appellant-Revenue would not dilute the legal position as held by this Court in the above appeal.In any event, for examination as to whether the construction was completed or not, the matter is r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Hon ble court has also further considered the requirement of filing of the occupancy certificate and at para.15 has held as under: 15. From an overall analysis of the decisions and the material on record, it is seen that if assessee has committed certain violations in the construction, then those violations could be compounded under the Akrama-Sakrama Scheme floated by the Karnataka Government. The object of this certificate is to ascertain whether the time limit provided in the provision for construction of the building had been adhered to or not by the assessee. The assessee had handed over the possession, occupants are residing in the building and they had water, electricity connection etc., meaning thereby the project was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re treated as allowed for statistical purposes. 3. The aforesaid shows that, the Tribunal, while deciding the matter has been guided by the decision of this Court in case of Ittina Properties in ITA No.556/13 and allied matters decided on 15/7/2014. However, Mr.Aravind, learned counsel appearing for the appellant contends that the facts of the case in Ittina properties cannot be compared with the facts of the present case inasmuch as, in the said case, Panchayat had issued completion certificate and same was produced on record whereas, in the present case, no certificate whatsoever was issued and therefore, the Tribunal ought not to have relied upon the decision and observation made in the case of Ittina Properties, supra. 4. We ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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