Supreme Court of India
Commissioner of Income Tax-19 Mumbai. v. M/s. Sarkar Builders
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that in the peculiar scenario as projected in this provision, the aforesaid cardinal principle of tax law is not to be applied as, by necessary implication, application thereof stands excluded.
Judgment, page 22
From the headnote
Income Tax Act, 1961: s.8018(10) (as amended by c Finance No.2 Act, 2004 w.e.f. 1.4.2005- Deduction in case of undertaking developing and building housing projects - By Clause (d) inserted by amendment and made effective from 1.4.2005, it was stipulated that the built up area of shop and other commercial establishments in the housing projects would not exceed 5% .'lf aggregate built up area of housing project or 2000 sq. feet whichever is less -Whether s.80/ (10)(d) applies to a housing project approved before 31.03.2005 but completed on or after 01.04.2005 - Held: This amendment is
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Where later benches applied it
Of those, 1 relied on
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