The Impugned Order Of The Tribunal Dismissed Therevenue's Appeal By Following The Decision Of Its Co-Ordinatebench Inm/S Krish Enterprises v. Taxmann.com 249(Delhi

Priya Soparkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1027 OF 2016 Pr.Commissioner of Income Tax-24 … Appellant V/s. M/s Neeta Enterprises … Respondent --- Mr.Suresh Kumar for the Appellant. Ms.Aasifa Khan i/by Mr.Niraj Punmiya for the Respondent. --- CORAM : AKIL KURESHI AND M.S.SANKLECHA, JJ. DATE : JANUARY 16, 2019. P.C.:- 1.This Appeal under Section 260-A of the Income Tax Act,1961 (the Act), challenges the order dated 9[th] October, 2015passed by the Income Tax Appellate Tribunal (the Tribunal). ThisAppeal relates to Assessment Year 2009-10. 2.The Revenue urges the following question of law for ourconsideration: “Whether, on the facts and circumstances of thecase and in Law, the ITAT has factually and statutorily erred in allowing deduction u/s. 80IB(10) of the I T Act, 1961 to the assessee withoutappreciating the fact that the assessee has notcompleted the project within the stipulated time?” 3. The impugned order of the Tribunal dismissed therevenue's appeal by following the decision of its co-ordinatebench inM/s Krish Enterprises Vs. ACIT (ITA No.5554/MUM/2014) dated 5[th] January, 2015. In the above case,the Tribunal had taken a view that in respect of the projectsapproved prior to 31[st] March, 2005 there was no requirement ofobtaining completion certificate in terms of the amendment madein respect of Section 80IB(10) of the Act. Further, the Tribunalalso placed reliance upon the decision of Delhi High Court in caseof Commissioner of Income Tax-1 Vs. CHD Developers Ltd.[1]. 4.Mr. Suresh Kumar learned counsel appearing for therevenue very fairly states that this issue now stands concludedagainst the revenue and in favour of the revenue-assessee by thedecisions of this Court in case of Commissioner of Income Tax25 Vs. Sai Krupa Developers (Income Tax Appeal No.1540 of Priya Soparkar 31 itxa 1027-16-o-s 2012) decided on 1[st] October, 2014 and The Pr.Commissioner of Income Tax-31 Vs. M/s Krish Enterprises(Income Tax Appeal No. 1146 of 2015) decided on 5th March, 2018. In the above cases this court upheld the view of theTribunal that in cases where comment certificate has obtainedbefore 31[st] March 2005, there was no requirement of obtainingcompletion certificate before a particular date. 5.Therefore, the question as proposed does not give rise toany substantial question of law. Thus, not entertained. 6.Accordingly, the tax appeal is dismissed. No order as tocosts. (M.S.SANKLECHA,J.) (AKIL KURESHI,J.) ….