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The Revenue is in appeal challenging the correct­ness and legality of the order passed by the Income-tax Appellate Tribunal ("ITAT" for short) in I. T. A. No. 1629/Bang/2016 whereunder the appeal filed by the Revenue challenging the order of the Commissioner of Income-tax (Appeals), dated March 20, 2015 came to be dismissed, which authority had accepted the contentions of the assessee and allowance of claim made under section 80-IB(10) of the Income-tax Act, 1961 ("Act" for short) had been allowed.

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Sec. 80-IB of Income Tax Act, 1961 - Deduction - The claim of the assessee for deduction under section 80-lB which was in respect of a residential project "Majestic Residency", had been disallowed by the AO on the ground that the assessee had failed to produce completion certification. CIT(A) con¬sidered the claim of the assessee in the background of provisions, viz., under section 80-IB(10) of the Act and clause (ii) of the Explanation to clause (a) and allowed the claim since the documents and explanation proved or stood established that the assessee had completed the project within five years from the date of commencement. ITAT also dismissed the appeal of the revenue recording the finding that the assessee had furnished a certificate of the registered certified architect dated February 27, 2008 before the AO to demonstrate/establish that the project in question had been completed within the period stipulated under section 80-TB of the Act.. High Court also dismissed the revenue’s appeal holding that “There being no substantial questions of law involved in this appeal for being formulated, adjudicated and answered admitting the appeal does not arise”. - PR. CIT V/s MAJESTIC DEVELOPERS - [2020] 426 ITR 175 (KARN)

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