TaxTMI 
TaxTMI 
2016 (7) TMI 388
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.... 11-02-2014 and after returning back to India the assessee fell ill. The appeal could be filed only after the assessee recovered from illness. After perusal of the contents of the affidavit we are satisfied that the delay in filing of appeal is not deliberate or willful. The assessee has been able to explain the reason for delay in filing of the appeal. Accordingly, the delay of 39 days in filing of appeal is condoned and the appeal of the assessee is admitted to be heard and disposed off on merits. 3. The brief facts of the case as emanating from records are: The assessee is a developer and builder. The assessee had developed a housing project 'Sanskriti' at Wakad, Pune comprising of four amalgamated plots. The assessee proposed to construct buildings A, B, C, D, E and G on the aforesaid plots. The commencement certificate in respect of buildings D, E and G was issued on 21-04-2004, 17-09-2004 and 21-06-2005, respectively. For availing deduction u/s. 80IB(10) the assessee was required to complete the project on or before 31-03-2009. The assessee claimed deduction of Rs. 4,12,30,793/- u/s. 80IB(10) on the aforesaid project comprising of buildings D, E and G. The Assessing Office....
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....Appeals) in rejecting the claim of assessee u/s. 80IB(10). The ld. DR submitted that the assessee has failed to show from the records that the project was complete on or before 31-03-2009. The completion certificate issued by the PCMC is dated 30-11-2009 which is much after the due date as specified under the provisions of section 80IB(10) for claiming deduction. The ld. DR prayed for dismissing the appeal of the assessee. 6. We have heard the submissions made by the representatives of rival sides and have perused the orders of the authorities below. We have also considered the documents which were referred during the course of making submissions by the ld. Counsel for the assessee and decision on which the reliance has been placed. The only issue raised in the appeal is with respect to disallowance of deduction u/s. 80IB(10) on the housing project 'Sanskriti' comprising of buildings D, E and G developed by the assessee. The reason for rejecting the claim of the assessee is that the project of the assessee is not complete within the specified time/due date in accordance with the clause (a) of section 80IB(10) of the Act. The initial certificate of commencement in respect of buil....
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....is a professional who would declare that the project is complete. Unfortunately, Sub-section (10) and the explanation do not give any importance to the issuance of such Completion Certificate by the concerned architect. It gives importance only to the certificate of Municipal authority. It is common knowledge that an application for Completion Certificate submitted to the Municipal Authorities is accompanied by a Completion Certificate issued by the concerned architect. No doubt, the Municipal authorities then cause inspection of the site and verify the claim. Thereafter, they issue Completion Certificate. But, if a project is really complete before 31.03.2008 and an application is moved quite in time, for seeking Completion Certificate from the Municipal authorities, and if they do not take steps urgently and delay the issuance of Completion Certificate from their side, can it be said that such certificate would alone decide the date of completion of the project? The answer is in negative. 12. In the facts of this case, admittedly, the Architect of the project had given a certificate prior to 31.03.2008. The respondent submitted application to the Municipal authority along with....
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....ences as discussed and mentioned in affidavit deposed by assessee before the lower authorities. According to him, it was necessary to consider the claim of the assessee after admitting the following evidences as provided in Rule 29 of the ITAT rules 1963. (a) The certificate of the Architect of the appellant-assessee submitted to Local Authority approving the project certifying that the project was supervised by her and has been completed according to plans sanctioned being dt. 25-3-2009. (b)The Licence to work the Lift Location 223/1, 223/3, 228/5, 228/6 dt. 09-03-2009. (c) The Licence to work the Lift -A/ 4109/11/08, 228/5, 6 dt. 31-3-2009. (d) The Licence to work the Lift Location 223/2, 228/5, 228/6 dt.09-03-2009 A/4110/11/08. (e) The Licence to work the Lift. 228/5, 6 dt. 31-3-2009: A/4/108/11/08. (f) Water supply NOC. Certifying the installation of water tank (378900 Ltrs) was complete. (g) The NOC from Fire department dt 20-3-2009. 8. According to the learned AR the above evidence indicated that the project was complete in all respects prior to by 31-3-2009 and the flat owners have also occupied such flats pri....