Sheetal Infrastructure (P) Ltd v. ACIT (2020) 270 Taxman 316 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Housing project-Completion certificate issued within four years from date of obtaining permission-Re assessment is held to be bad in law. [S. 80IB(10), 148 Art. 226]

Assessee company was engaged in business of real estate development. Assessee floated a residential scheme comprised of several residential plots and an approval was obtained from local authority for construction of an office building for such scheme on 16.3.2005. Thereafter, assessee had obtained approval for construction of such housing project from Godawari Urban Development Authority (GUDA) on 6-2-2008. Assessee completed project and got Building use permission by concerned authority on 31.3.2012.  Accordingly, he claimed deduction under section 80IB(10) on housing project  which was granted.  After four year, a reopening notice was issued against assessee on ground that approval granted by local authority on 16-3-2005, was first approval and, hence, housing project was deemed to be approved on that date, and consequently, since project was completed on 31-3-2012, i.e. beyond period of four years from date of approval, assessee was not entitled to deduction. On writ the Court held that  since approval granted on 16-3-2005 by local authority was only for construction of an office building and not for developing and building housing project and approval for a housing project on subject land was granted for first time, only on 6-2-2008 by concerned authority, project being completed on 31-3-2012, was well within period prescribed for completion of project for purpose of availing benefit of deduction under section 80-IB(10).Therefore, impugned reopening notice issued against assessee was unjustified.  (AY.  2011-12)