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2017 (11) TMI 1302 - HC - Income TaxDisallowance of claim of deduction under section 80IB(10) - ‘built up area’ of the villas constructed by the assessee is 1772.81 Sq. Ft. that exceeds the limit of 1500 Sq. Ft. - taking the open terrace as balcony / verandah rejecting the claim of the assessee - Held that:- In the judgment of Gujarat High Court in Amaltas Associates (2016 (10) TMI 359 - GUJARAT HIGH COURT ) is very clear and in our considered opinion even after amendment the legislature has included the balcony and projection but not the “Terrace”. Unable to uphold the stand of the Assessing Officer to include area of terrace as a part of the 'builtup area' in a case where such terrace is a projection attached to the residential unit and there being no room under such terrace, even if the same is available exclusively for use of the respective unit- holders In our considered opinion, the terrace is to cover the room which is available on the ground floor therefore, terrace is different then balcony which is provided in addition to the facilities whereas terrace goes with the projection of the room. - Decided in favour of the assessee and against the department.
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