2022 (6) TMI 71

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....the Act') for the assessment year 2004-05. 2. In the instant case, the return of income was filed by the assessee on dated 01.11.2004 by declaring total income of Rs.1,58,08,470/-, which resulted into passing an assessment order dated 27.12.2006 u/s. 143(3) of the Act , whereby the income of the Assessee was determined at Rs.5,27,28,910/- as against returned income of Rs.1,58,08,470/-. 2.1 Against the said assessment order, the assessee has preferred an appeal before the then ld. Commissioner who vide order dated 27.08.2008, partly allowed the appeal (No. 553/06-07) of the assessee. 2.2 The Assessee, being aggrieved, challenged the order passed by the then ld. Commissioner and the Hon'ble Tribunal vide order dated 28-03-2017, allow....

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....assessee, all the projects were completed before the terminal date of completion and completion certificate were also received in majority of the units / houses. Therefore, we do not consider it necessary to go into the issue regarding amendment being prospective or not. The claim of the assessee is that actually it has complied with the conditions as per amended provisions. The Assessing Officer is directed to verify this aspect and allow the claim in accordance with law. In the result this ground is partly allowed for statistical purpose." 5.3.2 During the course of the appellate proceeding, Ld. AR had submitted the completion certificates of various projects which were forwarded to the AO for verification. In this regard the AO ....

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....lowing grounds: "1. On the facts and in the circumstances of the case, the Ld. CIT (A) has erred in allowing deduction u/s 80(IB)(10) of the I.T. Act for the following reasons:- (i) The CIT(A) has not discussed about the fulfilling of the following two conditions for the eligibility of deduction u/s 80IB( 10) other than the verification of completion certificates: (a) Housing projects should have been commenced on or after 0.10.1998. (b) The project should have completed on or before 31.03.2008. (c) The residential unit should have maximum built-up area of 1000 sq. ft. where such residential unit is situated within the city of Delhi or Mumbai or within 25 kms. from the municipal limits of these c....

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....ioner while allowing deduction to the assessee and find that during the course of appellate proceedings before the ld. Commissioner, the Assessing Officer vide its remand report dated 04.01.2019 had reported as under: "In connection with the above, your good-self has directed the undersigned to examine the documents filed by the assessee vide letter dated 13.11.2018. The assessee company has been given an opportunity of being heard vide letter dated 22.11.2018. In response to the same, Assessee's AR appeared and the issues involved have been discussed. The completion certificates in respect of the following projects have been verified on test-check basis and the same has been found to be in order": (i). East End Housing Pr....