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TMI Blog2016 (10) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... xpenditure claimed is disallowed for not having deducted tax at source, the only result would be that the disallowed expenditure would be added to the total income of the respondent assessee. However, this additional income (arising on disallowance of expenditure) undisputedly would also be entitled to 100% deduction from tax under Section 80IB(10) of the Act. - Income Tax Appeal No. 613 of 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of common or shared area with others? (ii) Whether on the facts and circumstances of the case and in law, the Tribunal erred or not in holding that the amended provisions u/s 80IB(10)(d) would not be applicable w.e.f. 01.04.2005 as the plan was approved by Municipal Authorities and construction was commenced prior to such date? (iii) Whether on the facts and circumstances of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised by the Revenue do not give rise to any substantial question of law. Thus, not entertained. 4. Re. question no. (iii) : (a) Mr. Tejveer Singh, learned Counsel for the appellant Revenue states that an identical question has been admitted by this Court in Income Tax Appeal No.435 of 2014 on 30th August, 2016. We find that by order dated 30th August, 2016 the Revenue's Appeal has been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a subject matter of dispute before this Court as is evident from question no. (i). It is in that context, that the question (ii) raised therein was also admitted. In the present case, the Revenue does not dispute the entitlement of respondent assessee to the benefit of deduction under Section 80IB of the Act. In the result, even if, the stand of the Revenue is accepted in this case and the expe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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