Harshvardhan Constructions. v. ITO (2020) 81 ITR 299 / 183 ITD 497 / 207 TTJ 663 (Mum.)(Trib.)

S. 147 : Reassessment-With in four years-Information from Local Authority stating that building competition certificate was not issued-Reassessment is held to be valid. [S. 80IB(10) 148]

Tribunal held that only in course of assessment proceedings for immediately succeeding assessment year 2012-13 that Assessing Officer was intimated by local authority-Municipal Corporation that Building Completion Certificate and Occupation Certificate was not issued to assessee till date on account of certain failure on its part as regards complying with building ‘Intimation of Disapproval’ conditions-Further, since on basis of verifications carried out in course of assessment proceedings for assessment year 2012-13, Assessing Officer had also gathered that built-up area of all 3BHK flats in project was more than prescribed area of 1000 sq. ft. which clearly contravened norms prescribed in section 80-IB(10)(c). Accordingly the reassessment proceeding is held to be valid. (AY. 2011-12)