2014 (8) TMI 1018

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....ashi Shodhan, AR   O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: This is an appeal filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-II, Baroda dated 26.08.2010. 2. The only grievance of the assessee in this appeal is that the Commissioner of Income Tax (Appeals) erred in confirming disallowance of deduction u/s. 80IB(10) of the Act by the Ass....

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....r of Income Tax (Appeals) has held that the assessee is otherwise entitled for deduction u/s. 80IB(10) in respect of development of housing project but for not obtaining the certificate of completion from the local authority approving the project. 5. Before us, the Authorized Representative of the assessee pointed out that the law which requires obtaining of completion certificate from the loca....

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....ent body such as the local authority who is to issue the completion certificate, would have led to not only hardship but absurdity. As a consequence, the Tribunal was not, therefore, in error of law while holding in favour of the assessee." 6. We find that in the instant case, the housing project was approved on 10.03.2004 by the competent authority. The above fact is not in dispute. On the abo....