TaxTMI 
TaxTMI 
2012 (4) TMI 852
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....duction, that too on the basis of revised certificate issued by the local authority on 24.12.2010, whereas the completion certificate has been issued on 15.12.2008 and hence the date of completion of the project shall be taken as 15.12.2008 moreso the assessee was required to complete the project on or before 31.3.2008. 2. An application for adjournment has been moved on behalf of the assessee on the reason that ld. Counsel for the assessee has to attend a marriage function in Delhi on 27.4.2012, therefore, he is unable to attend the hearing fixed on 27.4.2012. However, during hearing, the ld. CIT/DR pointed out that the impugned issue is covered by the decision of the Tribunal dated 6.12.2010, in the case of assessee itself (ITA No.&nbs....
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....o the assessee. The said letter of Local Authority was made part of assessment order by the Assessing Officer and marked as Annexure 'A'. By the impugned order, the ld. CIT (A) confirmed the disallowance of claim u/s 80IB of the Act and the assessee is in further appeal before us. 5. Shri M.K. Sharma, C. A. appeared on behalf of the assessee and submitted that the assessee has completed its project before 31.3.2008 and vide its letter dated 21.3.2008, it has already informed to local authority regarding completion of the project. He further submitted that after giving this letter, the assessee was asking again and again to the Local Authorities for issue of necessary certificate. He also invited our attention to the letter of Munic....
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....as done whatever he has expected to do and that letter regarding completion of project was duly entered in Municipal record on 29.3.2008, on the basis of which the assessee should be allowed claim of deduction u/s 80IB. 6. On the other hand, the ld. Sr. DR drew our attention to the letter issued by the Local Authorities dated 11th November, 2008, clearly indicating that no completion certificate has been issued to the assessee. This information was directly called by the Assessing Officer from Municipal Corporation, Bhopal. As per ld. Sr. DR, the primary condition for allowing claim of deduction u/s 80-IB is that the Project should be approved prior to 1.4.2004 and should have been completed before 31.3.2008. The first condition re....
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....respect of such housing project is issued by the Local Authorities", it means Local Authorities is competent to certify the date of completion of Housing Project. The date of issue of such letter by the Local Authorities is not so crucial but it should have clearly mentioned the date of completion of project. When the Project is completed on 31.3.2008 and the assessee has informed regarding such completion, the Local Authorities may take its own time for issue of certificate, which may be even after 6-7 months, but the letter so issued by the Local Authorities should clearly mention the date of completion of such project. Merely because such certificate is issued after gap of 8-9 months or even one year, will not adversely affect the assess....