The Commissioner Of Income Tax, Central Ii, Mumbai v. M/S.ganga Developers

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1089 OF 2009 The Commissioner of Income Tax, Central II, MumbaiVersusM/s.Ganga Developers ..Appellant. ..Respondent. Mr.P.S. Sahadevan for the appellant.Mr.J.D. Mistry with Mr.Atul K. Jasani for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 9TH SEPTEMBER 2009 P.C. : 1.Heard learned counsel for the revenue. The only question pressed by the learned counsel for the revenue is, as to whether the tribunal was right in holding that the assessee has satisfied the conditions stipulated in section 80IB(10) of the Act to be eligible for the deduction specified therein without proper appreciation of the facts of the case. The tribunal has recorded a finding of fact after appreciation of evidence in para 5.1, which reads thus : “5.1In the instant case the Housing Project in question was approved by the concerned authority and commenced vide commencement certificate dated 20-4-1999 as discussed above, which certainly before 3 1[st] day of March, 2005. In the instant case such project is completed by the issue of Occupation Certificate by the NMMC on 6-11-1999 and, hence the assessee certainly satisfied this condition.” 2.The aforesaid finding of fact based on evidence cannot be faulted. The view taken by the tribunal is a reasonable and possible view. The appeal is without any substance. The appeal is thus dismissed in limine with no order as to costs.