The Principal Commissioner Ofincome Tax-5 v. M/S Sai Drishti Constructions

1 / 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.196 OF 2017 The Principal Commissioner ofIncome Tax-5 .... Appellant versus M/s Sai Drishti Constructions... Respondent….... Mr.Tejveer Singh, Advocate for Appellant.Mr.Tejveer Singh, Advocate for Appellant. Mr.Ruturaj Gurjar i/b. Mihir Naniwadekar, Advocate for Respondent.Mr.Ruturaj Gurjar i/b. Mihir Naniwadekar, Advocate for Respondent. CORAM : AKIL KURESHI &SARANG V. KOTWAL, JJ.DATE: 15[th] APRIL, 2019. P.C. : 1. The revenue has filed this Appeal challenging the judgment of Income Tax Appellate Tribunal. 2. Question is that the claim of the Respondent-Assessee for deduction under section 80IB(10) of the Income Tax Act, 1961, on the ground that the assessee did not fulfill certainconditions contained in the said provision. However, admitted 2 / 2 16-ITXA-196-17.odt facts are that the conditions of which the revenue is complainingbreach of, were amended by the legislature later on. In otherwords, the assessee had already made allotment of units prior tothe legislature imposing condition of non-allotment of morethan one unit to the same family. This Court has on numerousoccasions held that the said condition could not be applied withretrospective effect. That is what the tribunal has held. 3. No question of law therefore arises. Income Tax Appealis dismissed. (SARANG V. KOTWAL, J.) (AKIL KURESHI, J.)