Housing project deduction dispute became academic after the assessee did not press the claim for the relevant assessment year.

An appeal under section 260A concerning deduction for profits from a housing project under section 80-IB(10) became partly unnecessary because the questions already covered by an earlier decision did not require fresh adjudication. The remaining question on deduction for a part-complete project was treated as academic after the assessee stated that no deduction would be claimed for the disputed amount in the relevant assessment year. The Court therefore disposed of the appeal without answering that surviving question on merits and left it open for an appropriate case.

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Issues: Whether the Revenue's appeal survived for adjudication on the deduction claimed under section 80-IB(10) of the Income-tax Act, 1961, and whether the remaining substantial questions required answer in the present appeal.

Analysis: The appeal arose under section 260A of the Income-tax Act, 1961 against denial of deduction in respect of profits from a housing project. The questions already covered by an earlier decision were treated as no longer requiring fresh adjudication in this appeal, while the surviving question concerning deduction on the part-complete project was rendered academic because the assessee accepted that no deduction would be claimed for the disputed amount in the present assessment year. In view of that stand, the Court held that the controversy did not call for a substantive answer in this appeal and kept the surviving question open for an appropriate case.

Conclusion: The appeal was disposed of without answering the surviving question on merits, while the questions already covered were treated as answered in favour of the assessee.

Final Conclusion: The Revenue's challenge did not result in any adverse determination against the assessee on the surviving controversy in this appeal, and the matter stood concluded by disposal of the appeal with the relevant question left open.

Ratio Decidendi: Where the disputed deduction claim is not pressed for the relevant assessment year, the corresponding substantial question becomes academic and need not be decided on merits.

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