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TMI Blog2022 (5) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Appellate Commissioner and the learned Tribunal that actually sale of flats in question took place in 2008, long before the amendment of Section 80IB of the said Act, which is prospective, there is no question of law, let alone substantial question of law, involved in these appeals. Also in M/S. MANDAVI BUILDERS [ 2020 (9) TMI 1138 - KARNATAKA HIGH COURT] exactly identical situation was considered and held that the clauses (e) and (f) to section 80IB(10) as inserted by Finance (No.2) Act, 2009 w.e.f. 01.04.2010 as prospective.- Decide against revenue. - ITA No.: 625/CHNY/2019 - - - Dated:- 6-5-2022 - Shri Mahavir Singh, Vice President And Shri Manoj Kumar Aggarwal, Accountant Member For the Appellant : Shri S. Sridhar, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng at K3, Morning Glory, Air Force Station Road, East Tambaram, Chennai. According to AO, as per the amended provision of section 80IB(10)(e)(f) inserted by Finance (No.2) Act, 2009 w.e.f. 01.04.2010, all the specified persons can be allotted only one flat and no other flat can be allotted for claim of deduction u/s.80IB(10) of the Act. According to AO, since the assessee has allotted three flats and the amended provision of section 80IB(10)(e)(f) inserted by Finance (No.2) Act, 2009 w.e.f. 01.04.2010 is applicable to assessment year 2010-11, the assessee is not entitled for claim of deduction and accordingly, the AO disallowed the claim of deduction amounting to Rs.6,85,27,733/-. Aggrieved, assessee preferred appeal before CIT(A). 4. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the overall conspectus of the factual matrix as also the case laws relied on which is squarely applicable thereto, the impugned addition made thereof of Rs.6,85,27,733/- u/s 80IB(10) is directed to be deleted. 5. We have heard rival contentions and gone through facts and circumstances of the case. We noted that the assessee has developed a housing project Doshi Trinity Park at Vengaivasal. The only contention of the Revenue is that in the above said housing project, three apartments were allotted / sold to family members and the details are as under:- Flat No/Building Area Name of the Allottee Date of Builders Agreement Date of Registration of Sale Deed for UDS in land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018, order dated 19.06.2018 and held as under:- 6. The claim was disallowed on the ground that the sale of the flats was recognized on 31.3.2010, being the previous year 2009-2010, relevant to the assessment year 2010-2011. The Assessing Officer was of the view that provisions of Section 80IB(10) of the said Act were not attracted, since two flats had been sold to the same couple contravening Clause (f) of Section 80IB(10), extracted herein above. 7. Being aggrieved, the respondent assessee filed appeals before the Commissioner of Income Tax (Appeals)-15, Chennai. It is the contention of the appellant that the assessee is not eligible for deduction under Section 80IB(10) of the said Act, since conditions prescribed thereunder, have n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the factual finding that the actual sale of the flats in question took place on 14.1.2008 and 16.7.2008 respectively, long before the amendment of Section 80IB(10) of the Income Tax Act. The Appellate Commissioner and the learned Tribunal very rightly held that the amendments were prospective with effect from 1.4.2010. 12. In view of the factual concurrent finding of the Appellate Commissioner and the learned Tribunal that actually sale of flats in question took place in 2008, long before the amendment of Section 80IB of the said Act, which is prospective, there is no question of law, let alone substantial question of law, involved in these appeals. It is well settled that right of appeal is not automatic, but is conferred by statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fect from 01.04.2010, which provides that not more than one residential unit in the housing project is allotted to any person not being an individual and in case, a residential unit in a housing project is allotted to a person being an individual, no other residential unit in such housing complex shall be allotted to the individual, the spouse or the minor children of such individual, the Hindu Undivided Family (HUF) in such individual is Karta or any person representing such individual, spouse or minor children of such individual of HUF in which such individual is Kara. It is also pertinent to note that in clause (e) of section 80IB(10) of the Act, the Legislature has used the expression allotted . In other words, in case, a residential u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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