TMI Blog2016 (9) TMI 1615X X X X Extracts X X X X X X X X Extracts X X X X ..... mity in the finding recorded by the Ld CIT (A) that the AO was wrong in holding that the housing project of the assessee had commenced before 1.10.1998. We uphold his order. Since, the facts and circumstances in all the three cases are identical, all the appeals filed by the Revenue are dismissed. Date of completion of the project - It is the finding of the CIT (A) that the project in question was approved prior to the amendment and therefore, the provisions relating to the due date‟ fixed in the Statute are inapplicable. However, notwithstanding the same, it is the argument of the Ld Counsel for the assessee that the housing project consists of seven‟ buildings (A to G) and the buildings A, B and C‟ were completed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction u/s 80IB(10) of the Act ignoring the fact that it has not obtained completion certificate from local authority before 31.3.2008 which is mandatory as per Explanation (ii) to section 80IB(10) of the Act. 2. Before us, in connection with Ground no.1, Ld Counsel for the assessee submitted that the issue raised in this appeal relates to the commencement of the housing project for the purpose of section 80IB(10) of the Act. Stating that this issue stands covered in favour of the assessee in assessee‟s own case by virtue of the order of the Tribunal for the earlier assessment years, Ld Counsel for the assessee filed a copy of the order of the Tribunal in ITA No.2898/M/2010 (2006-07) and others, dated 4.6.2014. He read out th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is the argument of the Ld Counsel for the assessee that the housing project consists of seven‟ buildings (A to G) and the buildings A, B and C‟ were completed on 18.2.2006; buildings D, E and F‟ were completed on 3.2.2007 and finally, the building G‟ was completed on 29.3.2008 ie on or before the due date of 31.3.2008. In this regard, he brought our attention to the copies of the completion certificates enclosed to the note provided by the Ld AR dated 7.9.2016. 6. On perusal of the above facts as well as the relevant material placed before us and after hearing both the parties, we find, the decision given by the CIT (A) vide para 3.4 of his order is fair and reasonable and therefore, it does not call for an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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