2017 (11) TMI 1999 - HC - Income Tax

Deduction u/s.80IB(10) - housing projects prior to 01.04.2005 - Whether there was no clause (d) earlier and there is no express provision in this sub-section dealing with the consequence of having a commercial establishment within a housing project? - Whether Section 80IB(10)(d) of the Income Tax Act 1961 applies to a housing project approved before 31.03.2005 but completed on or after 01.04.2005? - HELD THAT - We are satisfied that the learned counsel for the Appellant-Revenue is justified in submitting that these appeals are covered as per the judgment of the Supreme Court in Sarkar Builders 2015 (5) TMI 555 - SUPREME COURT and therefore these appeals may be permitted to be withdrawn.

Summary

The Chhattisgarh High Court judgment in 2017 (11) TMI 1999 stated that the appeals were dismissed as withdrawn after being covered by a Supreme Court judgment in Commissioner of Income Tax v. Sarkar Builders; (2015) 7 SCC 579. The appellant's counsel, Ms. Naushina Ali, represented the case.