TMI Blog2018 (6) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner and the learned Tribunal very rightly held that the amendments were prospective with effect from 1.4.2010. 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 statute. The right of appeal to the High Court conferred under Section 260A of the said Act is a limited right of appeal, restricted only to substantial questions of law. The appeals cannot, therefore, be entertained. Whether an assessee would be liable to full deduction or only proportionate deduction or for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 80IB of the said Act in respect of two flats in a housing project sold to two members of the same family, Smt. Latha Ramachandran and Shri K.Ramachandran, being husband and wife. 4. By assessment orders dated 10.3.2014 and 2.3.2015, the Assessing Officer disallowed deduction of ₹ 8,87,57,581/- and ₹ 4,35,48,266/- under Section 80IB of the said Act on the ground that two adjacent flats, that is, Flat No.403 and Flat No.404, had been sold to the members of the same family, Smt. Latha Ramachandran and Shri K.Ramachandran, who, as stated above, are husband and wife. The super built-up area of Flat No.404 was 1572 Sq.Ft. and Flat No.403 was 1653 Sq.Ft., the total being 3225 Sq.Ft. 5. Clause (f) of sub-section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 not been complied with. 8. By orders dated 18.11.2015, the Appellate Commissioner allowed the appeals, inter alia, holding that the flats in question were sold on 14.1.2008 and 16.7.2008 respectively and that the amendment of Section 80IB of the said Act, which was prospective with effect from 1.4.2010, had no application. 9. Assailing the said orders, the Revenue appealed to the learned Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner 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 statute. The right of appeal to the High Court conferred under Section 260A of the said Act is a limited right of appeal, restricted only to substantial questions of law. The appeals cannot, therefore, be entertained. 13. In any case, the question of whether an assessee would be liable to full deduction or only proportionate deduction or for that matter no deduction under Section 80IB(10) in r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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