Itxa/1745/2011 Of Commissioner Of Income Tax-25 v. H.d.enterprises

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1745 OF 2011 The Commissioner of Income Tax-25, Mumbai ..Appellant. V/s. H.D. Enterprises ..Respondent. Mr. Arvind Pinto for the appellant. Mr. Deepak Tralshawala with V.S. Hadade for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 13TH FEBRUARY, 2013 P.C. :- 1. In this appeal by the Revenue for the assessment year 2006-07, the following questions of law have been raised for our consideration:- (a)Whether clause (d) of Section 80IB(10) is retrospective in operation ?operation ? (b)Whether the meaning of “housing project” stands altered by the insertion of clause (d) in Section 80IB(10), irrespective of the fact insertion of clause (d) in Section 80IB(10), irrespective of the fact whether such housing project was completed prior to its insertion or not ? (c)Whether taxable income accruing after insertion of clause (d) in Section 80IB(10) on housing projects completed prior to its insertion, will have to be computed in accordance with it ? 2.The impugned order of the Tribunal has recorded a finding of fact that the assessee's project was completed during the financial year 2003-04. In the aforesaid circumstances, the Tribunal has relied upon the order of this Court in the matter of CIT V/s. Brahma Associates reported in (2011) 333 ITR 289 (Bom). This Court has already dismissed the revenue's appeal in the assessee's own case for theearlier year being Income Tax Appeal (Lod) No.675 of 2011 on 8[th ]August, 2011. 3.In view of the above, we see no reason to entertain the present appeal. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)