U C JAIN & SONS, HARIDWAR V. ITO, WARD- 3, HARIDWAR

ITA 4204/DEL/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3378 (ITAT-DEHRADUN)
• Duration Of Justice: 4 year(s) 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 26-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH, DEHRADUN Before Dr. B.R.R. Kumar, Accountant Member & Sh. Yogesh Kumar U.S., Judicial Member ITA No.4204/DDN/2017 Assessment Year: 2012-13 UC Jain & Sons, C/o M/s. Rishabh Velveleen ltd., 9 th Km. Haridwar Delhi Road, Jwalapur, Haridwar. Vs ITO, Ward-3, Haridwar. (APPELLANT) (RESPONDENT) PAN No. AAAHU1616A Assessee by : None Revenue by : Shri Poonam Sharma, Sr.DR Date of Hearing: 27.04.2022 Date of Pronouncement: 29.04.2022 ORDER Per Yogesh Kumar U.S., Judicial Member: This appeal has been filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals), Dehradun dated 20.04.2017 for the Assessment Year 2012-13. 2. The assessment order has been passed against the assessee by disallowing deduction under Section 80IB(10) of Rs.46,48,743/-. 3. The assessee has travelled to CIT(A) by way of appeal. Ld. CIT(A) has confirmed the order of the AO insofar as disallowance of Rs.46,48,473/- is concerned and observed hereunder: ITA No.4204/DDN/2017 UC Jain & Sons 2 “14. As regards the disallowance on account of plots of land, the assessee has furnished copies of some sale deeds which show that buildings had been constructed on the said land but the covered area and the vacant land had been valued separately for the purposes of stamp duty. Thus adverse inference on such account seems unwarranted. Of course this would not actually be of relevance now because the completion certificate and other documents which are required to demonstrate completion, as per approved plan have not been furnished, so the assessee is in any case not entitled to any benefit under Section 80IB(10).” 4. As against the order passed by Ld. CIT(A) the assessee has preferred the present appeal on following grounds: “1. That the order passed by the CIT(A) is bad both in law and facts and circumstances of the case. 2. That on the facts and in circumstances of the case and in law, the CIT(A) has erred in disallowing the deduction of Rs.46,48,743/- claimed u/s.80IB(10) of the Act on the alleged ground that the appellant had not obtained the completion certificate from the local authority. 3. That on the facts and in the circumstances of the case, the CIT(A) has erred in confirming the interest levied ITA No.4204/DDN/2017 UC Jain & Sons 3 by the Assessing Officer under the provisions of Section 234B of the Act.” 5. None appeared for the Assessee. We have heard the Ld. DR and perused the material on record and gave our thoughtful consideration. 6. The Assessee had claimed deduction under section 80IB(10) of the Act, but not produced any documents to show that the Assessee has completed the project and delay in obtaining the completion certificate was only on account of internal working of the local authority. The Ld AO has disallowed the deduction under section 80IB(10) of the Act for non production of the completion certificate. In our considered view, in the interest of justice, if an opportunity is given to the assesse to produce the completion certificate issued by the local authority in a stipulated time, which can be verified by the Assessing Officer and the benefit under Section 80IB(10) can be given in accordance with law. Therefore, we deem it fit to remand the issue to the file of ld. AO with a direction to the assessee to produce the completion certificate before the AO within 90 days from the date of receipt of this Order, the ld. AO shall consider the completion certificate and proceed in accordance with law. Failure to produce completion certificate by the assessee, the Department is at liberty to recover the tax in accordance with law. ITA No.4204/DDN/2017 UC Jain & Sons 4 Accordingly, the grounds of appeal are allowed for statistical purposes. 7. In the result, the appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 29/04/2022. Sd/- Sd/- (Dr. B. R. R. Kumar) (YOGESH KUMAR U.S.) Accountant Member Judicial Member Dated: 29/04/2022 *Prabhat, Sr. PS/R.N Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI