Declaration under Section 158A admitted; appeal disposed in terms of pending authoritative decision and AO to amend assessment.

Whether a declaration under Section 158A(1) read with Rule 15A may be admitted to apply the final decision in a pending higher court matter concerning entitlement to deduction under Section 80IB(10) is the central issue; the Assessing Officer did not dispute identity of the question of law and statutory scheme permits admission, so the declaration is admitted and the appeal disposed in accordance with that declaration, directing the Assessing Officer to apply the eventual authoritative decision on the identical legal question and amend the assessment if required, with the assessee precluded from re raising the same legal point.

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Issues: (i) Whether, in view of an identical substantial question of law pending before the Hon'ble Supreme Court in the assessee's SLPs for earlier assessment years, the declaration filed under section 158A(1) r/w Rule 15A may be admitted and the present appeal be dealt with in terms of that declaration regarding disallowance of deduction claimed under section 80IB(10) for the D.K. Honey Homes project.

Analysis: The declaration in Form No.8 states that the question(s) of law pending in the assessee's SLPs before the Hon'ble Supreme Court are identical to the question arising in the present appeal concerning entitlement to deduction under Section 80IB(10) in respect of the D.K. Honey Homes project. Section 158A(1)-(5) and Rule 15A permit an appellate authority, after calling for the Assessing Officer's report, to admit such a declaration and to apply the final decision in the other case to the relevant case; if admitted, the assessee undertakes not to raise the same question of law in subsequent appeals. The Assessing Officer's report did not dispute the identity of the question of law. The CIT(A) had applied the jurisdictional High Court's decision holding that a completion certificate issued after the cut-off date but recording an earlier completion date does not satisfy the requirement of Section 80IB(10) read with Explanation (ii). The assessee has SLPs raising substantially identical questions (including whether the late-issued certificate that records completion before the cut-off satisfies the statutory condition). Having regard to the statutory scheme of Section 158A and the authority of decisions construing that section, the appellate authority may admit the declaration and direct application of the eventual Supreme Court decision to the present assessment, with amendment by the AO if required.

Conclusion: The declaration filed under Section 158A(1) r/w Rule 15A is admitted; the appeal is disposed of in terms of that declaration and the Assessing Officer is directed to apply the decision of the Hon'ble Supreme Court on the identical question of law and amend the assessment if necessary. The assessee is precluded from raising the same question of law in any further appeal in respect of this assessment year.

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