Sec 80IB(10) 5% Commercial Area Restriction applicable from 01-04-2005

Brief of the case: ITAT Ahmedabad held in M/s Sun Rise enterprise Vs ACIT that the insertion of clause d to sec 80IB(10) would be applicable from 01-04-2005 i.e the amendment related with built up area of commercial establishments not to exceed more than 5% of total built up area of housing project would have prospective effect not retrospective effect. It also relied upon the case of Hon’ble S.C. in CIT vs. M/s. Veena Developers & Others wherein it was held that the clause (d) inserted to Section 80 IB(10) would effect from 1-4-2005 i.e. prospective and not retrospective and hence could...