TaxTMI 
TaxTMI 
2011 (8) TMI 1061
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....inted out that the issue raised in the present appeals is fully covered in favour of the assessee by the following decisions of the Tribunal. a) Sanghvi and Doshi Enterprise v. ITO and Others ITA Nos. 259 to 263/Mds/2010 dt.19-5-2011 for AYs 05-06 & 06-07 (TM) b) M/s D.k.Constructions v. ITO ITA No.243/Ind/2010 AY 2006- 07 dt. 6-12-2010 c) M/s Satish Bohra & Associates v. ACIT ITA Nos. 713 & 714/ PN/2010 AYs 2004-05 and 2005-06 vide order dt.7-1-2011 In this regard, Ld counsel for the assessee pointed out that in the present case, the assessee through its architect had filed separate plan for each of the six sectors with AMC along with application dt. 25-3-2008 for occupancy certificate. The AMC, however, has issued occupancy certificate on 10-10-2008. The assessee, for obtaining the occupancy certificate had furnished all the necessary documents and had complied with all the requirements and there was no lapse in this regard. It was beyond the power and control of the assessee to compel AMC to issue occupancy certificate on or before 31-3- 2008. The Ld counsel for the assessee referred to page Nos. 1 to 7 of the paper book fled on behalf of the assessee, these are the ....
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....ificate cannot be attributed on the part of the assessee to deny the claimed deduction u/s 80IB(10) of the act on the basis that the project was not completed by 31-3-2008, especially when there is no objection raised by the AMC regarding deviation in the construction of the project approved by the AMC. 8. We have gone through the orders cited by the assessee's representative and find relevant paragraphs are required to be extracted for completion of the order. They are as follows. A. Extract from the decision of the Tribunal in the case of M/s. Satish Bora & Associates vide ITA Nos. 713 & 714/pn/2010 " 19. ....... 1. In the case of PMC, the completion certificate in prescribed form issued by the licensed architect etc. who has supervised the construction is furnished with four sets of completion plan under Rule 7.6 of the DC Rules of the PMC. Thereafter PMC is required to return one of the sets duly certified as Completion Plan to the owner along with the issue of full Occupancy Certificate after inspection of the work under Rule 7.7 of the DC Rules. Since Explation (ii) to Section 80IB(10)(a) of the I.T. Act requires Completion Certificate issued by the local auth....
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....whether CMDA can be considered to be a local authority or not. This issue had come up before the Chennai Bench of the Tribunal in the case of Jain Housing & Constructions Ltd. in ITA No.1369/Mds/2009 dated 5.2.2010. In that case, assessee was denied deduction in the absence of completion certificate by the CMDA but completion certificate issued by the Corporation of Chennai was placed on record. The Tribunal in paragraph 3.5 of its order stated that the project layout plan may be required to be approved by the CMDA but as far as the construction of the building is concerned, the local authority, i.e. the Corporation of Chennai is the appropriate authority to regulate the construction as per the building bye-laws and sanction plans. When it is not disputed that the Corporation is the local authority, certificate issued by it cannot be disregarded. The assessee has placed on record the completion certificate issued by the Corporation by way of additional evidence. Since the allowability of the entire deduction depends on all the conditions being fulfilled deduction depends on all the conditions being fulfilled, we admit this additional evidence. The certificate clearly mentions that ....
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....ated 11th November, 2008, confirming that no completion certificate has been issued by this office. Accordingly, the assessee's claim for deduction u/s 80-IB was declined. Section 80IB clearly defines the date of completion as "Date of completion of construction of the Housing Project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the Local Authorities", it means Local Authorities is competent to certify the date of completion of Housing Project. The date of issue of such letter by the Local authorities is not so crucial but it should have clearly mentioned the date of completion of project. When the Project is completed on 31.3.2008 and the assessee has informed regarding such completion, the Local Authorities may take its own time for issue of certificate, which may be even after 6-7 months, but the letter so issued by the Local Authorities should clearly mention the date of completion of such project. Merely because such certificate is issued after gap of 8-9 months or even one year, will not adversely affect the assessee if it has mentioned clearly the date of completion of project prior to 31.3.2008. Once t....