2013 (5) TMI 888

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....r the assessment years 2003-04 and 2004-05, following common questions of law have been raised for our consideration:- (i) Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in law in holding that the assessee is eligible for deduction u/s. 80IB(10), though the assessee had violated the provisions contained in clause (d) of Section 80IB (10) of the Inc....

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....ause (d) w.e.f. 1/4/2005 will not apply to an assessment year prior to A.Y. 2005-06, ignoring that prior to the amendment to Section 80IB(10) w.e.f. 1/4/2005, there was in fact no provision to allow deduction u/s.80IB(10) on projects having commercial space and only housing projects without any commercial unit were eligible for deduction u/s.80IB(10) and the amendment by way of insertion of clause....

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....ribunal by the impugned order allowed the respondent-assessee's case by following the decision of this Court in the matter of CIT v. Brahma Associates [2011] 333 ITR 289/197 Taxman 459/9 taxmann.com 289. In these circumstances, we see no reason to entertain questions (i) & (ii). 3. So far as question (iii) is concerned, counsel for the parties state that identical question raised by the reven....