Commissioner Of Income Tax – 21, Mumbai v. Pathare And Associates

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6286 OF 2010 Commissioner of Income Tax – 21, Mumbai..Appellant. Versus Pathare and Associates..Respondent. Mr.Suresh Kumar for the appellant.Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. P.C. : DATE : 28[th] February, 2011. 1.This appeal was admitted on 30-08-2010 on the following substantial questions of law : “a)Whether, on the facts and circumstances of the case and in law, the ITAT is right in holding that the assessee is entitled for deduction under Section 80IB (!0) in spite of the fact that the area of the commercial projects exceeded 5% of the total area of the project of 200 square feet ? b)Whether, on the facts and circumstances of the case and in law, the ITAT is justified in holding that the amendment to Section 80IB (10) through Finance Act, 2005 would not be applicable to the projects approved before 31[st] March, 2005 ? 2.Counsel on both sides agree that the above questions of law raised in this appeal are answered against the Revenue and in favour of the assessee by the decision of this Court in Income Tax Appeal No.1194 of 2010 (CIT V/s. Brahma Associates) dated 22-2-2011. 3.Accordingly, the aforesaid questions are answered in favour of the assessee and against the Revenue. The appeal is thus disposed off accordingly with no order as to costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)