2011 (3) TMI 1674

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....DER PER C.L.SETHI, JM : The Revenue is in appeal against the order dated 27.8.2009 passed by the learned CIT(A) for the AY 2006-07. 2. Ground No.1 is directed against CIT(A)'s order in allegedly deleting the disallowance of `7,23,081/- u/s 40(a)(ia) of the IT Act as assessee failed to deduct tax at source from the said payment. 3. We have heard both the parties and gone through the ord....

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....10) as the assessee has been deriving its income only from the eligible business of construction of flats in respect of which the assessee is entitled to deduction u/s 80IB(10). In the light of this view taken by the learned CIT(A), it is clear that disallowance of `7,23,081/- u/s 40(a)(ia) has been upheld by the CIT(A) but, at the same time, he directed the AO to allow deduction u/s 80IB(10) on t....

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.... 7. The assessee's claim of deduction u/s 80IB(10) was not allowed by the AO only for the reason that the assessee failed to produce the completion certificate as per provisions of clause (10) of Section 80IB of the Act. However, the assessee produced the relevant certificate dated 21.3.2009 before learned CIT(A) in respect of which a remand report was called for by the learned CIT(A) from the ....