Itxa/3836/2009 Of The Commissioner Of Income Tax - 24 Mumbai v. Vijay Enterprises

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3836 OF 2009 The Commissioner of Income Tax-24 ..Appellant. V/s. Vijay Enterprises ..Respondent. Ms. Suchitra Kamble for appellant.Mr. F.V. Irani with Mukesh Shah i/b. Shah Legal for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 22ND NOVEMBER, 2010 P.C. :- 1.A short question raised in this appeal is whether, the initial commencement certificate dated 02/01/1997 was cancelled and a fresh certificate was issued on 27/01/1999 so as to avail the benefit under Section 80IB of the Income Tax Act. The assessing officer was of the opinion that the initial commencement certificate dated 02/01/1997 was only modified or altered by the concerned municipal authorities. The ITAT after verifying from the municipal authorities has come to the conclusion that the initial commencement granted on 02/01/1997 was cancelled and a fresh certificate was issued on 27/01/1999 and, therefore, the development and construction of the housing project having commenced on or after 01/10/1998, the assessee is entitled to 80IB deduction. The decision of the Tribunal is based on finding of fact and no substantial question of law arises in the appeal. The appeal is accordingly dismissed with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)