2018 (7) TMI 2260

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....dv. Mr. J.P. Khaitan, Sr. Adv. Ms. Sutapa Roy Chowdhury, Adv. ORDER Two questions are raised by the Revenue in this appeal: i) Whether the amendment in 2005 to Section 80-IB(10), which was pertinent for the relevant assessment year 2005-06, was prospective in its operation or retrospective ? ii) Whether the benefit of deduction under Section 80-IB(10) could be given to an a....

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....Act and falls short of the statutory requirement indicated in clause (c) thereof in the sense that some of the residential units measured upto 1500 sq.ft. and some others were larger. On this identical question, the Appellate Tribunal had taken a similar view as in the order impugned herein in its order of March 24, 2006 in ITA No. 1595/Kol./2005 as evident from paragraph 22 of such previous or....

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....vious orders, the issue is closed as far as this Court is concerned. However, for the sake of completeness, the assessee has referred to a judgment of the Madras High Court reported at (2013) 29 taxmann.com 149 (CIT v. Arun Excello Foundations (P.) Ltd.) where this aspect of the matter has been elaborately discussed. Section 80-IB(10) of the Act refers to projects and, at the first blush, the R....