Pr. Commission of Income-tax, Kota v. Vastuvedik Colonizers and Developers Pvt. Ltd
[Citation -2017-LL-0904-25]

Citation 2017-LL-0904-25
Appellant Name Pr. Commission of Income-tax, Kota
Respondent Name Vastuvedik Colonizers and Developers Pvt. Ltd.
Court HIGH COURT OF RAJASTHAN
Relevant Act Income-tax
Date of Order 04/09/2017
Judgment View Judgment
Keyword Tags completion certificate • local authority • question of law
Bot Summary: By way of this appeal, the appellant has assailed the judgment and order of the Tribunal whereby Tribunal has dismissed the appeal of the department and confirmed the order of the CIT(A). Counsel for the appellant has framed following substantial question of law:- Whether the tribunal was legally justified in deleting the disallowance of deduction u/s 80IB of Rs.1,51,67,115/- specifically when the assessee failed to fulfill the conditions laid down u/s 80IB neither furnish completion certificate from local authority nor furnish report in Form 10CCB before the Assessing Officer. On the issue of 80IB, the CIT(A) observed as under:- ITA-215/2017 In my opinion, production of completion certificate is technical in nature and cannot be basis for disallowance u/s 80IB(10) of I.T. Act, 1961. 3.1 The aforesaid view was confirmed by the tribunal. 3.2 We are not inclined to entertain the appeal.


HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 215 / 2017 Pr. Commission of Income Tax, Kota ----Appellant Versus M/s. Vastuvedik Colonizers and Developers Pvt. Ltd., 1, Aerodrum Circle, Chouraha, Kota ----Respondent For Appellant(s) : Mrs. Parinitoo Jain with Ms. Shiva Goyal HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE INDERJEET SINGH Judgment 04/09/2017 1. By way of this appeal, appellant has assailed judgment and order of Tribunal whereby Tribunal has dismissed appeal of department and confirmed order of CIT(A). 2. Counsel for appellant has framed following substantial question of law:- Whether tribunal was legally justified in deleting disallowance of deduction u/s 80IB of Rs.1,51,67,115/- specifically when assessee failed to fulfill conditions laid down u/s 80IB neither furnish completion certificate from local authority nor furnish report in Form 10CCB before Assessing Officer. 3. On issue of 80IB, CIT(A) observed as under:- (2 of 2) [ITA-215/2017] In my opinion, production of completion certificate is technical in nature and cannot be basis for disallowance u/s 80IB(10) of I.T. Act, 1961. What is relevant is actual completion of project. 3.1 aforesaid view was confirmed by tribunal. 3.2 We are not inclined to entertain appeal. No substantial question of law arises. appeal stands dismissed. (INDERJEET SINGH),J. (K.S. JHAVERI),J. Bmg/11. Pr. Commission of Income-tax, Kota v. Vastuvedik Colonizers and Developers Pvt. Ltd
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