HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. NO.663 OF 2014 DATED:26.11.2014 Between:
Commissioner of Income Tax-II IT Towers A.C. Guards Hyderabad … Appellant And M/s. Kura Homes Private Limited “Rajendra Nilayam”, Plot Nos.19 & 20, Wahabnagar (Ext.), Sick Village Secunderabad … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. NO.663 OF 2014 JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is dismissed as we find that no element of law is involved to decide in this matter for the following reasons.
The learned Tribunal while directing the Assessing Officer to reconsider the issue on the question of requirement of production of completion certificate, following Delhi High Court judgment in the case
[1]
o f C.I.T. v. CHD Developers Limited observed that the aforesaid requirement is not for a housing project approved prior to 1.4.2005, meaning thereby there cannot be retrospective operation of the relevant provision.
There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 26.11.2014 bnr
[1] 43 Taxmann.com 249 (Del.)