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TMI Blog2019 (4) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... hich such breach was committed - two appeals before the Tribunal - Tribunal allowed the assessee's appeal holding that the conditions of which the revenue was alleging breach of, were inserted in the legislation after the allotments were made. HELD THAT:- Tribunal held that the revenue's appeal against the proportionate disallowance would become infructuous. The Tribunal, therefore, all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with prospective effect cannot be applied to deny the benefit of deduction pointing out that in allotment which was made earlier, there was breach of this condition. Under the circumstances, the question of proportionate disallowance would become irrelevant. - Decided against revenue. - Income Tax Appeal No.97 of 2017 - - - Dated:- 8-4-2019 - Akil Kureshi And Sarang V. Kotwal, JJ. For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing prorata deduction is existing in the Act? 2. The respondentassessee is in the business of Housing Development. In the return of income filed for the assessment year 2010-11, the assessee had claimed exemption of the income from such business in terms of Section 80IB of the Income Tax Act, 1961 ( the Act for short). The Assessing Officer was of the opinion that the assessee had breache ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tuous. The Tribunal, therefore, allowed the assessee's appeal and dismissed the revenue's appeal. Against this judgment the revenue had filed the present appeal. Firstly, in our opinion the revenue should have filed two appeals when the Tribunal was deciding two separate appeals before itself, may be by common judgment. Be that as it may, we find that the Tribunal has come to a factual fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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