2018 (7) TMI 1069 - SCH - Income Tax

Deduction u/s.80IB (10) - Interpretation of section 80-IB(10)(d) - project approved by the Pune Municipal Corporation which is the local authority - Effect of amendment w.e.f. 01.04.2005 - Whether section 80-IB(10)(d) which was brought into force w.e.f. 1st April, 2005 would apply to projects that were approved by the local authority prior to it being brought on the statute book Held that - The High Court has dismissed the appeal by following its order in respect of the same assessee for earlier assessment years and in the process, it has not considered question no.2 which was not involved in the earlier appeal. In view thereof, we permit the petitioner to approach the High Court by way of review petition. If the review petition is filed within 30 days, it will be decided on merits and shall not be dismissed on limitation. In case the order is against the petitioner, the petitioner shall be entitled to challenge not only the order passed in the review petition but also the impugned order. The special leave petition stand disposed of.

Summary

The Supreme Court of India condoned the delay in filing an appeal related to a revenue matter. The petitioner was permitted to file a review petition in the High Court within 30 days, ensuring it would be decided on merits and not dismissed on limitation. The special leave petition was disposed of.