spb/ 17itxa1755-17.odt IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1755 OF 2017 Principal Commissioner of Income Tax-2, Thane (W) 400 604 ... Appellant. V/s. M/s. Sadhana Builders Pvt. Ltd., ...Respondent. --- Mr. Tejveer Singh, Advocate for Appellant. --- CORAM : UJJAL BHUYAN AND MILIND N. JADHAV,JJ. DATE : JANUARY 22, 2020. PC : 1 Heard Mr. Tejveer Singh, learned standing counsel Revenue for Appellant. 2 This Appeal has been preferred under section 260A of Income Tax Act, 1961 (Act) by Revenue against order dated 15.12.2016 passed by Income Tax Appellate Tribunal, Mumbai Bench , Mumbai (Tribunal) in Income Tax Appeal No. 2099/Mum/ 2015 for assessment year 2010-11. 3 Appeal has been preferred, projecting following as substantial question of law : Borey 1/4 ::: Uploaded on - 27/01/2020 ::: Downloaded on - 01/02/2020 10:20:39 ::: spb/ 17itxa1755-17.odt Whether on facts and in circumstances of case and in law, ITAT has erred in holding that project was complete on or before 31.03.2009 when occupation certificate was accorded only in respect of 9206.30 Sq.Mtr. Against sanction of 11960.15 sq.Mtr. ? 4 Mr. Singh, learned standing counsel fairly submits that this issue has been gone into by this court in case of same assessee for assessment year 2009-2010 in Income Tax Appeal No. 655 of 2017 filed by Revenue, answering same in favour of assessee and against Revenue vide order dated 06.06.2019. 5 Relevant portion of order dated 06.06.2019 passed in said Income Tax Appeal No. 655 of 2017 is extracted hereunder : 3. CIT (Appeals) having granted relief to assessee, revenue carried matter in appeal before Tribunal. Tribunal by impugned judgment dismissed revenue s appeal upon which present appeal have been filed. record of case would show that CIT Borey 2/4 ::: Uploaded on - 27/01/2020 ::: Downloaded on - 01/02/2020 10:20:39 ::: spb/ 17itxa1755-17.odt (Appeals) and Tribunal concurrently came to conclusion that assessee had proposed housing project comparison of buildings A,B,C,D,E and F. Out of total area of 11960.15 sq. meters to be constructed as per building construction permission, assessee had completed construction of 11,592.43sq.meters. Necessary completion certificates from local authority were also issued from time to time and last such certificate was issued on 1st December,2008. Thus, construction was completed and duly certified by local authority before 31st March, 2009. 4. record further shows that buildings E and F were not to be constructed and land was to be handed over to landlord on account of further developments and dispute. This was only remaining portion of construction out of originally sanctioned plan. assessee had claimed deduction in respect of income arising out of sale of construction only for which completion certificates were issued. That being position, we do not find any error in view of Tribunal granting deduction under Section 80IB(10) of Act. No question of law arises. Income Tax Appeal is dismissed. Borey 3/4 ::: Uploaded on - 27/01/2020 ::: Downloaded on - 01/02/2020 10:20:39 ::: spb/ 17itxa1755-17.odt 6 Following same, we are also of view that there is no error or infirmity in conclusion reached by Tribunal in confirming order passed by first Appellate Authority. No substantial question of law arises out of order passed by Tribunal. 7 Consequently, this Income Tax Appeal is dismissed. No cost. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) .. Borey 4/4 ::: Uploaded on - 27/01/2020 ::: Downloaded on - 01/02/2020 10:20:39 ::: Principal Commissioner of Income-tax-2, Thane (W) v. Sadhana Builders Pvt. Ltd