2022 (4) TMI 745

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....t the instance of the revenue and is directed against the order passed by the Income Tax Appellate Tribunal. 'A' Bench, Ahmedabad dated 17.09.2021 in the ITA No.1568/Ahd/2019 for A.Y. 2012-13. 2. The Revenue has proposed the following two questions of law for the consideration of this Court. [A] Whether on the facts and circumstances of the case and in law, the Appellate Tribunal has erred in upholding the decision of Ld. CIT(A) deleting the dis-allowance u/s.80IB(10) of Rs. 32,13,73,570/- without appreciating the fact that the project was not completed before 31/03/2012 as the BU permission was not received for all the blocks for which the deductions was claimed and also, other conditions were not fulfilled by the assessee? ....

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....e revenue being dissatisfied with the order passed by the CIT(A) went in appeal before the Tribunal. The tribunal dismissed the appeal and thereby, affirmed the findings recorded by the CIT(A). 6. In such circumstances referred to above, the revenue is here before this Court with the present appeal. 7. We have heard Mr. M.R. Bhatt, the learned senior counsel assisted by Mr. Karan Sanghani, the learned counsel appearing for the revenue and Mr. Tushar Himani, the learned senior counsel assisted by Mr. Parimalsinh Parmar, the learned counsel appearing for the assessee. 8. We take notice of the fact that the CIT(A) relied upon the two decisions of this High Court one in the case of ITO Vs. Saket Corporation reported in 2015 (62) Taxman....

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....ct of which BU permission was not received. 27.9 It was also contended that there was dispute for the jurisdiction over issuance of BU permission between AMC and AUDA from April 2012. Therefore, the permission for remaining units was delayed. However, the AI ignored all these evidences and placed his reliance heavily on letter submitted by the AUDA in compliance with the notice issued under Section 133(6) of the Act and made disallowances of claim of the assessee. 27.10 In this regard, we find that the learned CIT(A) has given flawless finding that after resolution of dispute of jurisdiction over issuance of BU permission, the AMC has issued such permission for remaining units to the assessee and certified that the project....