Mumbai v. M/S. Shree Krishna Sai

Dmt IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 2307 OF 2010 Commissioner of Income-Tax-17, Mumbai...Appellant. Vs. M/s. Shree Krishna Sai Development Corporation...Respondent. WITH INCOME TAX APPEAL (L) NO. 2308 OF 2010 Commissioner of Income-Tax-17, Mumbai...Appellant. Vs. M/s. Shree Krishna SaiDevelopment Corporation...Respondent. Mr. D.K. Kamwal for the Appellants. Mr. Atul K. Jasani for Respondents. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 6TH JULY, 2011. Dmt P.C. Whether the Income Tax Appellate Tribunal was justified in setting aside the order passed by the Commissioner of Income Tax under Section 263 of the Income Tax Act, 1961 is the question raised in these appeals. 2. The dispute in the present case relates to the grant of deduction under Section 80IB of the Act. The Commissioner of Income Tax was of the opinion that 80IB deduction was erroneously allowed by the A.O. as the development of the property commenced before 1[st] October, 1998. 3.Tribunal set aside the order of C.I.T. on the ground that though CIDCO had granted commencement certificate on 7[th] April, 1998, the said certificate specifically contained a clause to the effect that no development shall be taken up unless the N.A. permission is obtained from the Collector under the provisions of the Maharashtra Land Revenue Code, 1966. Admittedly, the no objection certificate was issued by the District Collector under the provisions of the Maharashtra Land Revenue Code, 1966 on 19[th] May, 1999. Thus, the decision of the Tribunal is based on the finding of fact that the development of the property commenced after 1[st] October, 1998 by obtaining permission from the District Collector on 19[th] May, 1999. 4.In the circumstances, no fault can be found with the order of the Income Tax Appellate Tribunal. Both the appeals are, accordingly, dismissed. No order as to costs. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)