On appeal by the assessee, the Judicial Member held in favour of the assessee, while the Accountant Member affirmed the disallowance. On a reference to a Third Member  allowing the appeal  the Tribunal held that  the undertaking was set up subsequent to April 1, 2015 and the new asset was acquired and installed during the period between April 1, 2015 and March 31, 2016. A combined reading of the Memorandum Explaining the provisions in the Finance Bill, 2015 as well as the CBDT Circular No. 19 of 2015 ^[2 clearly mentioned that the provisions of section 32AD were applicable from assessment year 2016-17 for a period of 5 years. Therefore, the provisions of section 32AD of the Act, were applicable for the investment made in financial year 2015-16, i. e., assessment year 2016-17.   That the notification issued by the CBDT on July 20, 2016 did not keep the operation of the provisions of section 32AD of the Act in abeyance till July 20, 2016. The notification stating that it shall come into force as on the date of its publication in the Official Gazette cannot override the provisions of section 32AD(1) of the Act.  That since section 32AD is  a beneficial provision and the assessee fell in the beneficial provision, the provision as well as the notification needs to be interpreted liberally, i. e., in favour of the assessee and the assessee is  entitled to deduction under section 32AD. Held that  Section 32AD(1) requires the executive to notify the areas constituting backward areas in the relevant States and to that extent it cannot be said that section 32AD(1) is complete on its own. Even according to the Revenue, Parliament required the executive to issue the notification specifying what areas constitute the backward areas in the relevant States, but not in respect of the future date of promulgation or the provision nor with applicability or withdrawal of the provision to any class of persons, areas or properties. The provision itself is in the nature of beneficial legislation favourable to the assessee, and the notification neither brings the provision into force on any later day nor does it extend or exempt the operation of the provision to any class of persons, properties or areas. It only specifies details regarding the backward areas in the relevant States for implementation of the provision. The notification is neither taxing nor exempting the tax either in full or in part to any class of assessees but it only specifies the details requisite for implementation of the section. Issuance of notification  by the CBDT is only pursuant to the delegated legislation, but not a conditional legislation(AY.2016-17)