Mahavir Enterprises, Navi Mumbai vs Pr Cit 28, Navi Mumbai on 28 December, 2016
(iv) M/s. Rahul Construction C. Vs. ITO, Ward 3(1), Pune,
51 SOT 192 (Pune)
6
ITA No.920/Mum/2016
(Assessment Year 2011-12)
5.2 Coming to the factual matrix, Ld. Representative for the assessee
explained that in so far as the commencement certificate for Buildings No.2 &
5 is concerned, the same has been issued by the Local authority on
08/02/2007, a copy of which has been placed in the Paper Book at page -14. It
is pointed out that application for issue of completion certificate was
submitted on 19/09/2010 i.e. within the time limit of five years prescribed in
section 80 IB(10) of the Act, but the Local authority did not issue the certificate
within 21 days nor did it communicate any objection to the assessee and,
therefore, following a petition moved by the assessee The Court of Joint Civil
Judge, Junior Division Kalyan held that the Local authority not having rejected
the application within 21 days, as per Rule-38 of the Corporation
Development Control Regulations, the application is deemed to have been
accepted. Therefore, as per the Court order, the Local authority is deemed to
have issued the completion certificate for the Buildings No.2 & 5 on the basis
of the application dated 19/03/2010; and, a copy of such certificate dated
17/09/2013 has been placed at page 60A of the Paper Book.