2015 (6) TMI 358 - AT - Income Tax

Disputes over Tax Deduction Eligibility Criteria and Certificate Reliance

The case involved disputes regarding the rejection of a claim under section 80IB(10) of the Income Tax Act, eligibility for deduction despite project ... Rejection of claim u/s 80IB(10) - Project not completed within stipulated time – Completion certificate not furnished – Held that:- As decided in assessee's own case [ 2014 (1) TMI 1232 - ITAT HYDERABAD ] though the assessee's case is related to A.Ys. 2007-08 and 2008-09, the project was got approved by the concerned local authority before 1.4.2004. The provisions of section 80IB as stood prior to the amendment are applicable to the assessee's case. As the substitution of Explanation to clause (a) to subsection (10) of section 80IB of the Income-tax Act, 1961 was brought in under Finance (No. 2) Act of 2004, effective from 1.4.2005. Thus, in the absence of any such requirement read into the section, we find it difficult to accept the observation of the AO that the claim for deduction was rejected on the ground that the assessee had not furnished the completion certificate. The controversy on issue of completion certificate is irrelevant at this point of time in view of the judgment of Madras High Court in the case of CIT vs. Jain Housing & Construction Ltd. [2012 (11) TMI 588 - MADRAS HIGH COURT] though the certificate issued by the Zonal Commissioner is to be considered as proper. - Decided in favour of assesse. Issues involved:1. Rejection of claim under section 80IB(10) of the Income Tax Act.2. Eligibility for deduction under section 80IB(10) despite project completion date.3. Reliance on certificates issued by authorities for deduction claims.4. Dispute over completion certificate issuance by different authorities.Detailed Analysis:1. The first issue pertains to the rejection of the claim under section 80IB(10) of the Income Tax Act by the assessing officer. The CIT (A) allowed the appeal of the assessee based on previous decisions by the Hon'ble ITAT Hyderabad in favor of the appellant for earlier assessment years. The appellant's eligibility for deduction under section 80IB(10) was upheld, considering the completion of the housing project by 31.03.2008 and compliance with all requirements as per the IT Act. The appellant provided detailed explanations and evidence to support the claim, which led to the direction for the AO to allow the deduction.2. The second issue revolves around the eligibility of the assessee for deduction under section 80IB(10) despite the project not being completed by the stipulated date of 31.03.2008. The Revenue raised concerns regarding the completion date and the basis for granting relief to the assessee. However, the Coordinate Bench decision of the ITAT Hyderabad Bench in a similar case highlighted the applicability of provisions as per the pre-amended section 80IB of the Act, which did not mandate the furnishing of a completion certificate for deduction claims. The judgment emphasized the commencement and development of the project as crucial factors for deduction eligibility.3. The third issue involves the reliance on certificates issued by authorities for supporting deduction claims under section 80IB(10). The controversy arose due to conflicting information from different authorities regarding the issuance of completion certificates. Despite the dispute over the completion certificate, the judgment referred to a Madras High Court decision to emphasize that the requirement of a completion certificate was not a condition explicitly provided for in the relevant provisions. The certificate issued by the Zonal Commissioner was considered relevant for the deduction claim.4. The final issue concerns the dispute over the issuance of completion certificates by various authorities. The judgment highlighted the conflicting information from the Zonal Commissioner and the Deputy Commissioner, emphasizing the relevance of the completion certificate based on the Madras High Court decision. Ultimately, the decision of the Coordinate Bench in a previous case was followed, leading to the dismissal of the appeals filed by the Revenue based on the established legal principles and interpretations of the relevant provisions.In conclusion, the judgment addressed the issues related to deduction claims under section 80IB(10) comprehensively, considering the completion date of the project, compliance with statutory requirements, and the significance of certificates issued by authorities in determining eligibility for deductions.