2018 (12) TMI 1342

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....nto for the Respondent   P.C.: 1. This appeal under Section 260A of the Income Tax Act, 1961 ("the Act" for short) challenges the order dated 31.12.2014 passed by the Income Tax Appellate Tribunal, Pune ("the Tribunal" for short). This appeal relates to assessment year 2009-10. 2. The Revenue has filed single appeal with regard to the judgment of the Tribunal which has disposed of ap....

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....ng completion of the project? 4. We find that the issue that arises here as is evident from the question is whether the explanation to Section 80IB(1)(a)(iii) of the Act has been satisfied by the respondent - assessee or not. The impugned order of the Tribunal records a finding that in the present facts, the respondent had in respect of the project for which it was granted commencement certific....

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.... issued within the period of 21 days, then in absence of any objections being notified, it would be deemed to be granted. Further the impugned order has placed reliance upon the order of its co-ordinate bench in the case of Satish Bora and Associates vide ITA No. 713 & 714/PN/2010 dated 7.2.2011 which in identical facts had extended the benefit of Section 80IB(10)(iii) of the Act to the assessee t....

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....f CIT, Aurangabad Vs. Hindustan Samuh Awas Ltd, [2015] 62 taxmann.com 175 (Bombay) holding on identifal facts that where the builder has completed a housing project within the time provided under Section 80IB(10)(a)(iii) of the Act and had also filed an application seeking completion certificate from the Municipal Corporation in time, then, the said builder - assessee is entitled to the benefit of....