TaxTMI 
TaxTMI 
2023 (8) TMI 71
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....re filed with a delay of 63 days. Upon hearing both the parties, we find that the delay of 63 days in both the appeals are saved by the decision of Hon'ble Supreme Court passed during National Lockdown imposed on account of pandemic Covid-19. Therefore, the delay of 63 days in both the appeals are condoned. 3. Since, the issues raised in all these three appeals are similar basing on the same identical facts, we proceed to hear all these three appeals together and to pass a consolidated order for the sake of convenience. 4. First, we shall take up appeal in ITA No. 602/PUN/2020 for A.Y. 2012-13. 5. The appellant-revenue raised eight grounds of appeal amongst which the only issue emanates for our consideration is as to whether the CIT(A) j....
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....isions under Law only contemplates the completion certificate and partial completion certificate has no place under the provisions of section 80IB(10) of the Act. 7. The ld. DR drew our attention to the order of this Tribunal in the case of Vijay Tukaram Raundal in ITA No. 178/PUN/2019 for A.Y. 2013-14 vide order dated 30-08-2022, particularly at para 16 of the said order and argued that this Tribunal by placing reliance on the decision of Hon'ble Supreme Court in the case of Commissioner of Customs (Import), Mumbai Vs. M/s. Dilip Kumar and Company & others in Civil appeal No. 3327/2007 (2018) 9 SCC 1 dated 30-07-2018 wherein held that the claim of exemption is to be strictly examined in terms of provisions of the Act and in the present ca....
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....He drew our attention to the order of this Tribunal in the cases of Om Associates in ITA No. 438/PUN/2017, Shewale & Sons reported in 118 taxmann.com 426 (Pune-Trib.), and Hyderabad Tribunal in the case of Vertex Homes (P.) Ltd. reported in 62 taxmann.com 285 (Hyderabad-Trib.) and argued in all the said cases the Tribunal granted proportionate deduction on eligible units and denied on ineligible units. In the present case also, the assessee entitled to claim proportionate deduction as held by this Tribunal as well as Hyderabad Tribunal in the above said cases. By referring to order of this Tribunal in the case of M/s. P3 Properties in ITA No. 41/PUN/2020 for A.Y. 2010-11 vide order dated 08-02-2023 as relied on by the ld. DR, he vehemently ....
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....loomfield at Ambegaon (Bk), Tal.- Haveli, Pune vide commencement certificate dated 30-03-2017 and the said whole project is required to be completed before 31-01-2012 which is evident from para 3.6 of the assessment order. There is no dispute with regard to the said two dates i.e. issuance of commencement certificate as well as date of non-completion. Admittedly, partial completion certificate as furnished by the assessee at Annexure 2 of the paper book clearly shows that the assessee asked completion certificate, comprising of Buildings A, B Wings, C, D, E, F, G, H and I up to P + 12 floors. Further, it explains that total 6 buildings are completed along with parking + 12 floors out of sanctioned plan consisting of 8 units of bungalow A ty....