Held, that the matter had been stayed by the Supreme Court and the Tribunal in the assessee’s case for the assessment years 2001-02, 2002-03 and 2005-06 had refrained from adjudicating the issue whether or not the Explanation inserted by way of amendment under section 80IB(9) of the Act was retrospectively applicable. The Tribunal set aside the issue and directed the Assessing Officer to wait for the verdict of the Supreme Court and thereafter decide the issue accordingly in the light of the judgment of the Supreme Court. Therefore, since the issue whether each “well” would constitute a separate undertaking and hence eligible for deduction under section 80IB(9) was dependent on whether the Explanation inserted to section 80IB(9) would operate with retrospective effect or not, the Assessing Officer was to decide the issue in accordance with the directions of the Supreme Court. (AY. 2007-08, 2008-09)