TaxTMI 
TaxTMI 
2022 (7) TMI 162
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....elhi (in short 'ld. Commissioner') u/s. 250(6) of the Income-tax Act, 1961 (in short 'the Act'). 2. Since the facts and question of law involved in both the appeals are similar therefore both theappeals are being disposed of by this consolidated order, for the sake of convenience and brevity. 3. First we will decide the appeal of the Revenue department for the assessment year 2005-06. 3.1 In the instant case, the Assessee had claimed deduction u/s. 80IB(10) of the Act for a sum of Rs.2,43,22,929/- qua eligible projects, that is - (i) East End Housing Project Rs.4,46,538/- (ii) AvantikaAakiriti Housing Project Rs.33,73,860/- (iii) Golf Link-I Housing Project Rs.51,25,834/- (iv) Golf Link-II Housing P....
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....g Officer has not made any enquiry regarding the correctness and +genuineness of the completion certificates submitted by the Assessee and has merely verified the same on test check basis during the remand proceedings. Secondly, the Assessing Officer, in his order u/s. 254/143(3) dated 27.11.2017 categorically stated that the completion certificates had not been produced during the assessment proceedings as well as during the appellate proceedings. Further, the ld. Commissioner did not discuss about fulfilling all the conditions for the eligibility of deduction u/s. 80IB(10) of the Act other than verification of completion certificates. 6 We observe that in the assessment year 2004-05, identical issue was involved, wherein the Revenue de....
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....In connection with the above, your goodself 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 testcheck basis and the same has been found to be in order": (i). East End Housing Project; (ii). AvantikaAkriti Housing Project; (iii). Golf Link-I Housing Project; (iv). Golf Link-II Housing Project; (v). Green Glade-I Housing Project; and (vi). Green Glade-II Housing....
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....roceedings. The Assessing Officer in its order dated 27.11.2017 passed u/s. 254/143(3) of the Act, disallowed the deduction claimed only on the ground that completion certificates were not produced during the assessment proceedings as well as during the appellate proceedings in the office of the CIT(Appeals), hence, no relief in this regard is being allowed. 6.2 We find that while allowing the claim u/s. 80IB of the Act to the Assessee, the ld. Commissioner sought the remand report from the Assessing Officer, who in the remand proceedings verified the completion certificates on test check basis and found the completion certificates in order and accordingly, the ld. Commissioner while relying upon the remand report, allowed the claim of t....
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....ates in support of the projects have been verified on test check basis and has been found the same in order, however, declined to allow the claim of deduction u/s. 80IB of the Act on the ground "thatin the present case, Hon'ble ITAT has directed the A.O. to verifiy the completion certificates. Inthe operating part of the order, Hon'ble ITAT has allowed the appeal of the Revenue without any direction." 7.2 The controversy in the instant case revolves around the completion certificates of the projects, on which the Assessee has claimed deduction u/s. 80IB(10) of the Act. Once, the completion certificates on test check basis found to be in order in the remand proceedings conducted by the Assessing Officer on the direction of the ld. Commiss....