TaxTMI 
TaxTMI 
2019 (11) TMI 1447
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...., 2015 came to be dismissed, which authority had accepted the contentions of the assessee and allowance of claim made under section 80-IB(10) of the Income-tax Act, 1961 ("Act" for short) had been allowed. 2. The respondent-assessee claims to be involved in the business of development and construction and for the assessment year 2008-09 filed its return of income on September 29, 2008 declaring an income of Rs. 2,53,460 by claiming deduction under section 80-IB of the Act. The return of income filed by the assessee was taken up for scrutiny and it came to be accepted. Subsequently, in exercise of power vested under section 147 of the Act, reassessment proceedings were commenced for withdrawing the deduction allowed under section 80-IB of t....
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....sion itself and without there being completion certificate issued by the competent local authority as prescribed under clause (ii) of the Explanation to clause (a) of section 80-IB(10) there, it is contended, that substantial questions of law would arise for consideration. Sri Sanmati, learned advocate appearing for the Revenue has reiterated the grounds urged in the appeal and has prayed for substantial questions being formulated and prayed for the same being answered in favour of the Revenue. 3. Per contra, Sri Ankur Pai, learned advocate appearing for the assessee would support the order passed by the Tribunal by contending that there is no infirmity and the finding recorded by the authorities below is based on sound appreciation of fac....
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....ccept the said contention for reasons more than one. 5. A certificate is issued in terms of Schedule VIII to the building bye-laws certifying that the erection/re-erection/material alteration of buildings, which is subject matter of the plan sanction has been supervised by such registered architect/engineer/supervisor and has been completed in accordance with the plan sanctioned. The person issuing such certificate has to further state that work has been completed to the best of his satisfaction, the workmanship and materials used are strictly in accordance with the general and detailed specifications, that no provision of the building byelaws, sanctioned plan and conditions prescribed or orders issued there-under have been transgressed in....
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....or supervisor, as the case may be, of the factum of completion of the building or project to the Commissioner. It is only after such completion certificate being furnished and inspection conducted by the Commissioner, occupancy certificate would be issued by the Commissioner of the BBMP. Hence, the contention of the Revenue that the completion certificate is required to be issued by the local authority as prescribed under clause (ii) of the Explanation to clause (a) of sub-section (10) of section 80-IB of the Act cannot be accepted. However, if the contention of the Revenue that the completion certificate referred to under clause (a) of sub-section (10) of section of 80-IB of the Act is to be accepted, then, in that event, the authorities u....
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....swered admitting the appeal does not arise. We have also noticed that under similar circumstances, a Co-ordinate Bench in I. T. A. Nos. 478 of 2015 and 641 of 2015 disposed of on February 29, 2016 had noticed in the said cases that no certificate of completion had been issued and as such, it was held that neither under the local authorities Act nor under the KMC Act there being any provision for issuance of a completion certificate, the Revenue ought not to have insisted for production of such certificate for getting benefit under section 80-IB(10) of the Income-tax Act. Hence, by reiterating the conclusion arrived at by the Co-ordinate Bench in Ittina Properties Pvt. Ltd., referred to supra, whereunder it came to be held that the distincti....