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TMI Blog2019 (6) TMI 1730X X X X Extracts X X X X X X X X Extracts X X X X ..... ification which is violation of the Act ? 2. We notice that the Revenue has suggested the following additional question : (i) Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in allowing deduction under Section 80IB(10) even when the project was not completed before 31st March 2008 as per provision of the section despite the fact that the local Municipal Corporation has raised an objection that NOC from the ULC Department was not obtained by the assessee firm ? 3. In so far as this question is concerned, facts are that the assessee had completed construction of entire housing project before 31st March, 2008, which was the last date of such completion. The assessee had also applied for completi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed since the same done without necessary permission. The assessee had also paid penalty and got such occupation regularised. Several tenements were sold long before the last date. 6. In the present case, therefore, the fact that the assessee had completed the construction well before March 31, 2008, is not in doubt. It is, of course, true that formally the BU permission was not granted by the municipal authority by such date. It is equally true that Explanation to clause (a) to section 80-IB(10) links the completion of the construction to the BU permission before granted by the local authority. If substantial compliance thereof is established on record, in a given case, the court may take the view that minor deviation thereof would not v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication for completion certificate submitted to the municipal authorities is accompanied by a completion certificate issued by the concerned architect. No doubt, the municipal authorities then cause inspection of the site and verify the claim. Thereafter, they issue completion certificate. But if a project is really complete before March 31, 2008, and an application is moved quite in time, for seeking completion certificate from the municipal authorities, and if they do not take steps urgently and delay the issuance of completion certificate from their side, can it be said that such certificate would alone decide the date of completion of the project ? The answer is in the negative. 12. In the facts of this case, admittedly, the archite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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