Completion certificate requirement under section 80IB(10) needs fresh examination where local law may affect delayed issuance.

Deduction under section 80IB(10) could not be tested only on private architect and structural engineer certificates where the statutory completion certificate from the local authority was issued after the stipulated date. The Tribunal held that such private certificates do not automatically replace the completion certificate contemplated by the Act. However, because the record did not clearly show whether the local municipal law provided for deemed acceptance or prescribed a processing time, or whether the delay was attributable to the assessee or the authority, the claim had to be examined afresh with reference to the governing local law and evidence. The matter was remitted to the Assessing Officer for fresh adjudication, and denial of the deduction was not finally sustained.

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Issues: Whether deduction under section 80IB(10) could be denied solely because the completion certificate issued by the local authority was dated beyond the stipulated period, when the assessee relied on architect and structural engineer certificates and alleged delay in issuance by the local authority.

Analysis: The project approval was obtained on 26.06.2004, so completion was required by 31.03.2009. The local authority's certificate was dated 30.11.2009, but the assessee produced certificates from the structural engineer and registered architect stating that construction had been completed on 15.09.2008. The Tribunal held that such private certificates could not automatically substitute the completion certificate contemplated under the Act. At the same time, it noted that the record did not clearly establish whether the local municipal law contained a deemed-acceptance mechanism or any time limit for processing the application, and whether the delay in issuance of the certificate was attributable to the assessee or the local authority. Those matters required examination with reference to the local building and supporting evidence.

Conclusion: The issue was remitted to the Assessing Officer for fresh adjudication, and the denial of deduction was not finally sustained.

Ratio Decidendi: For deduction under section 80IB(10), the completion certificate of the local authority is material, but where the assessee asserts that issuance of that certificate was delayed by the authority and the local municipal law may bear on deemed completion or processing time, the claim must be examined afresh on the basis of the governing local law and evidence.

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