2019 (6) TMI 373

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....ssee submitted that the Tribunal in principle has allowed the benefit of deduction u/s.80IB (10) of the Act to the assessee. However, in penultimate paragraph (Para-8) of the order, the Tribunal has restored the issue to Assessing Officer for the limited purpose to verify the date on which the assessee has approached Pune Municipal Corporation for issuance of completion/occupancy certificate. Before the Commissioner of Income Tax (Appeals), the assessee had filed additional evidences and the same were forwarded to the Assessing Officer for his comments under Rule 46A of the Income Tax Rules, 1962. The Assessing Officer in his report dated 07.07.2015 has specifically mentioned that Shri Vikas Achalkar, Licensed Architect of the assessee had ....

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.... for assessee has pointed that the PMC has approved the issuance of completion certificate but has withheld the formal issuance of certificate for some compliance. This fact requires verification. We are of considered view that the benefit of deduction u/s.80IB(10) should not be denied to the assessee, if the assessee has applied to the PMC for issuance of completion /occupancy certificate before the due date i.e. 31-03-2011. The issue is restored to the Assessing Officer for the limited purpose to verify the date on which the assessee approached PMC for issuance of completion/occupancy certificate. The assessee is directed to furnish necessary relevant documents to the Assessing Officer indicating the date on which the assessee applied to ....