TaxTMI 
TaxTMI 
2022 (6) TMI 476
X X X X Extracts X X X X
X X X X Extracts X X X X
....the amenity space to the PMC only on 22-05-2012. 2) On facts and circumstances of the case, the learned CIT(A)- 9, Pune has erred in allowing the deduction u/s 80IB(10) of the IT Act, 1961, relying upon the decision of Hon'ble High Court in the case of CIT vs. Hindustan Samuh Awas Limited (2015) 377 ITR 150(Bom.) without appreciating the fact that the facts in the said case are different from the facts in the assessee's case. 3) On the facts and circumstances of the case, the learned CIT(A)- 9, Pune erred in not appreciating the fact that the delay in issuing the completion certificate by the Municipal Corporation in the case of Hindustan Samuh Awas Limited relied upon by the CIT(A) was not held as attributable to the assessee, whereas in assessee's case the delay in issuing the completion certificate by Pune Municipal Corporation is attributable to the assessee i.e. the amenity space was handed over to the Municipal Corporation only on 22-05-2012. 4) The appellant craves leave to add or amend the grounds of appeal on or before the appeal is heard and disposed off. 5) It is prayed that the order of Commissioner of Income tax (A)-9, Pune be set as....
X X X X Extracts X X X X
X X X X Extracts X X X X
.....2012. It is submitted that the delay in issue of completion certificate was attributable to the respondent-assessee as the amenity space is handed over to the PMC by the respondent-assessee only 22.05.2012. It is further submitted that the ratio of the decision of the Hon'ble Bombay High Court in the case of Hindustan Samuh Awas Limited (supra) is not applicable to the facts of the present case as the delay in issuing of completion certificate by PMC was attributable to the respondent-assessee. 7. On the other hand, ld. AR for the assessee submitted that the assessee vide letter dated 27.02.2007 submitted to the Assistant Engineer, Land & Estate Department (Bhumi & Jindgi Vibhag), Pune Municipal Corporation for taking the possession of amenity space and the application was made by the respondent-assessee to the PMC seeking the completion certificate, is complete in all aspects and no defects were pointed out in the application moved by the respondent-assessee. It is also submitted that the Architect also certified the completion certificate before due date. Thus, it is submitted that the ratio of the Hon'ble Bombay High Court in the case of Hindustan Samuh Awas Limited (supra) ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ii) in a case where a housing project has been approved by the local authority on or after the 1st day of April, 2005, within five years from the end of the financial year in which the housing project is approved by the local authority. Explanation.-For the purposes of this clause,- (i) in a case where the approval in respect of the housing project is obtained more than once, such housing project shall be deemed to have been approved on the date on which the building plan of such housing project is first approved by the local authority; (ii) the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority; (b) the project is on the size of a plot of land which has a minimum area of one acre: Provided that nothing contained in clause (a) or clause (b) shall apply to a housing project carried out in accordance with a scheme framed by the Central Government or a State Government for reconstruction or redevelopment of existing buildings in areas declared to be slum areas under any law for the time being in force ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n nugatory? In our view, the explanation is introduced recently to put an end to a controversy, which might arise before the Assessing Officer about the date of completion. The intention of the legislature in providing explanation to fix the date of completion of a project is quite helpful when this provision is utilized in practice. In our view the explanation has introduced an unnecessarily strictness in the provision which is in the nature of exemption and not in the nature of charging. Sub-section (10) mentions that a housing project should be complete before 31.03.2008 so as to get the exemption. Completion of housing project is a physical act. It can be demonstrated on the spot and also through a certificate issued by an architect who is appointed for supervising the construction work. He is a professional who would declare that the project is complete. Unfortunately, Sub-section (10) and the explanation do not give any importance to the issuance of such Completion Certificate by the concerned architect. It gives importance only to the certificate of Municipal authority. It is common knowledge that an application for Completion Certificate submitted to the Municipal Authoriti....