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Revenue has not questioned that this finding is incorrect or has not questioned the veracity of the completion / occupation certificate produced before the Tribunal. If that be so than it is merely an objection on procedure. In the light of the above, we are of the view that no question of law, much-less any substantial question of law, arises from the order of the Tribunal. The appeal is devoid of merit and is accordingly dismissed. No cost.

Shanti Prime Publication Pvt. Ltd.

Sec. 80IB(10) of Income Tax Act, 1961— Deduction —Respondent-assessee was a partnership firm engaged in the business of “developers and builders”. In the assessment proceeding for the assessment year under consideration, assessee fled e-return of income declaring total income at Nil following claims of deduction under Section 80IB of the Act. During the assessment proceeding, AO queried about the completion certificate of the buildings in question. Respondent-assessee stated before the AO that the completion certificate was under process though the building project was completed. By the assessment order dated 14.03.2013, AO did not allow the claim of the assessee for deduction under Section 80IB of the Act which was thereafter added to the income of the assessee and treated as its income. CIT(A) rejected the appeal of the assessee. However, Tribunal allowed the appeal of the assessee that “assessee had furnished the commencement certificate and, occupation certificate issued, besides other documents which clearly shows that there were approvals which cover full occupation / permission for all the blocks of the building project. Tribunal accepted the contention of the assessee that the building was completed and occupation in respect of all the blocks of the project were obtained within the stipulated time limit on. There being no violation of any of the conditions mentioned in Section 80IB(10)of the Act”, High Court dismissed the appeal of the revenue holding that “the conclusion reached by the Tribunal that the building was completed within the stipulated time on 31.03.2013 is a finding of fact. Revenue has not questioned that this finding is incorrect or has not questioned the veracity of the completion/occupation certificate produced before the Tribunal. If that be so than it is merely an objection on procedure”. - PR. CIT V/s RATTANCHAND RIKHABDAS JAIN CHEMICAL WORKS - [2020] 273 TAXMAN 261 (BOM)

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