2019 (5) TMI 292

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....cer assessing the income at Rs. 5,13,58,770/- as against returned income of Rs. Nil. 2. In view of the facts and circumstances of the case, CIT(A) has erred both of facts as well as in law in rejecting appellant claim of deduction u/s.80IB(10) of the Act, 1961. Appellant prays for cancellation of disallowance. 3. Appellant prays just and equitable relief. 4. Assessing Officer has erred in charging interest u/s.234B, C and other sections. 5. Appellant prays to add, alter, amend, modify and /or withdraw the ground/s , during the Appellate Proceedings." 2. The crux of the grievance of the assessee in this appeal is denial of deduction u/s.80IB(10) of the Income Tax Act, 1961 (hereinafter referred to as 't....

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....ction u/s.80IB(10) of the Act for want of valid 'Completion /Occupancy Certificate'. The Assessee could not improve the case even during the First Appellate Proceedings. Therefore, as additional evidence, the 'Completion Certificate' was accepted by the Pune Bench of the Tribunal since the same goes to the root of the matter relating to the valid claim of deduction u/s.80IB(10) of the Act and the matter was remitted back to the file of the Assessing Officer for making fresh assessment. 5. The Ld. DR, per contra, has placed reliance on the findings of the Subordinate Authorities. However, principally agreed that the matter is similar in facts with ITA No.886/PUN/2016 (supra.). 6. We have perused the case records and heard the rival con....