Itxa/1252/2008 Of The Commissioner Of Income Tax-25, C-11,Mumbai v. Shri Harshad P. Doshi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1252 OF 2008 The Commissioner of Income Tax-25 ..Appellant. V/s. Shri Harshad P. Doshi ..Respondent. None for the appellant. Ms. Madhavi Tavanandi for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ. DATED : 22ND FEBRUARY, 2011 P.C. :- 1.The appeal was admitted on 7th January, 2009 on the following question of law:- " Whether in the facts and circumstances of the case and in law, the ITAT was right in accepting the assessee's claim under Section 80IB(10) of the Income Tax Act, 1961 in respect of the profit derived from sale of shop holding that nowhere there is any contemplation for restricting the benefit only to residential units and not to the shops etc. even though section 80IB(10) refers only to residential units and the amendment including sub-clause (d) in respect of shops and commercial establishments was introduced in the said section w.e.f. 01-04- 2005 i.e. from AY 2005-06 and has no retrospective application . " 2.Counsel for respondent states that the question of law raised in this appeal is answered against the revenue and in favour of the assessee by the judgment of this Court in Income Tax Appeal No.1194 of 2010 [CIT V/s. Brahma Associates] decided by us today i.e. 22/02/2011. Accordingly, the aforesaid question is answered in favour of the assessee and against the revenue. The appeal is disposed of accordingly with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)