Court No. - 3 Case :- INCOME TAX APPEAL No. - 119 of 2016 Appellant :- Pr. Commissioner Of Income Tax-I, Lucknow Respondent :- M/S Arif Industries Ltd., Lucknow Counsel for Appellant :- Ghan Shyam Chaudhary Counsel for Respondent :- Dhruv Mathur Hon'ble Sudhir Agarwal,J. Hon'ble Ravindra Nath Mishra-II,J. 1. Heard Shri Alok Mathur and Shri Manish Mishra, learned counsel appearing for appellant. None appeared for respondent, though appeal is taken in revision of list. In circumstances, we proceed to hear and decide this appeal after hearing learned counsel for appellant. 2. This appeal preferred under Section 260A of Income Tax Act, 1961 (hereinafter referred to as 'Act, 1961') is directed against judgment and order dated 05.07.2016 passed by Income Tax Appellate Tribunal, Lucknow Bench 'A', Lucknow in I.T.A. No.706/LKw/2015. 3. Vide order dated 02.12.2016, appeal was admitted on substantial question of law, as mentioned in memorandum of appeal, which on reproduction, read as under:- "I. Whether Learned Income Tax Appellate Tribunal has erred in law & on facts in holding that amended provisions with effect from 01.04.05 are not applicable in case of assessee for relevant year A.Y. 2012-13 as project for which deduction u/s 80IB of Act claimed, had commenced prior to 01.04.2005. II. Whether Learned Income Tax Appellate Tribunal has erred in law & on facts while relying on case law which apply only to sub clause (d) of section 80IB (10), while as per section 80 IB (10) assessee was required to fulfill all conditions to avail benefit of deduction u/s 80IB(10) of I.T. Act. III. Whether under facts and circumstances, learned ITAT has failed to appreciate that on issue of completion of project, assessee ought to have completed project 2 within 4 years from financial year in which housing project was approved by local authority. IV. Whether Learned Income Tax Appellate Tribunal has failed to consider explanation (i) of sub-section 10(a) of section 80IB regarding date of approval, ignoring construction plan / building plan approval date of assessee. V. Whether Learned Income Tax Appellate Tribunal has failed to consider that as per clause (ii) of sub section 10(a) of section 80IB, benefit can be extended to assessee only when project will be completed within stipulated period not otherwise." 4. Learned counsel for appellant submitted that substantial questions raised in this appeal are squarely covered by common judgment of this Court dated 07.04.2017 passed in Income Tax Appeal No. 9 of 2014, Commissioner of Income Tax Vs. M/S Arif Industries, Income Tax Appeal No. 16 of 2014, Commissioner of Income Tax Vs. M/S Arif Industries, and Income Tax Appeal No. 13 of 2017, Pr. Commissioner of Income Tax Vs. M/S Arif Industries, though this appeal relates to different Assessment Year. 5. For reasons stated in judgment dated 07.04.2017 passed in Income Tax Appeal Nos. 9 of 2014, 16 of 2014 and 13 of 2017 (supra), this appeal is allowed partly in same terms. Order Date:-14.7.2017 MVS Chauhan/- Pr. Commissioner of Income-tax-I, Lucknow v. Arif Industries Ltd