SETHUMADHAVAN PUJHANVIDU CHELLYTHODY,PUNE vs. THE ACIT CIRCLE 7, PUNE

ITA 449/PUN/2026Status: DisposedITAT Pune27 July 2026AY 2010-2131 pages
AI SummaryAllowed

What were the facts?

The assessee claimed deduction under Section 80IB(10) for a real estate project, but the Assessing Officer disallowed it due to the absence of a completion certificate from the local authority. The assessee had applied for the certificate, but it was not issued due to procedural issues and lack of jurisdiction by the authorities.

What did the Tribunal hold?

The Tribunal held that the assessee cannot be denied the deduction under Section 80IB(10) as they had applied for the completion certificate and the project was otherwise completed with possession handed over to flat owners. The Tribunal relied on judicial precedents where substantial compliance was considered sufficient.

What were the issues?

Whether the denial of deduction under Section 80IB(10) is justified when the assessee made bonafide efforts to obtain a completion certificate but it was not issued due to procedural impediments by the local authorities.

Which sections of the Income-tax Act were involved?

Section 80IB(10)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R. K. PANDA & Ms. ASTHA CHANDRA

For Appellant: Shri Nikhil S Pathak
For Respondent: Smt. Saumya Pandey Jain
Hearing: 18.05.2026Pronounced: 27.07.2026

PER R.K. PANDA, VICE PRESIDENT :

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This appeal filed by the assessee is directed against the order dated 24th November, 2025 of the ld. CIT(A)/NFAC relating to Assessment Year 2010-11. 2. This is the second round of litigation before the Tribunal.

3.

Facts of the case, in brief, are that the assessee is an individual engaged in the business of Real Estate and Construction. He filed his return of income for the impugned assessment year on 15.10.2010 declaring total income of Rs.1,26,06,920/- after claiming deduction of Rs.2,23,69,574/- u/s.80IB(10) of the Act. During the assessment proceedings, on being questioned by the Assessing

2 Sethumadhavan Pujhanvidu Chellythody

Officer regarding allowability of deduct

The order continues below.

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