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2013 (3) TMI 675 - AT - Income TaxDisallowance of the claim u/s.80IB(10)- whether building ‘E’ is a separate Housing Project or it is a part of the Housing Project originally sanctioned vide order dated 15-09-2003? - Held that:- There are no restrictions in the Income-tax Act on the assessee how to design his Housing Project. Moreover, merely because part of the FSI has been utilized in building ‘E’ which is claimed as separate Housing Project, the assessee should not be deprived of the benefit of Section 80IB(10). We, therefore, hold that on the facts and circumstances of this case, building ‘E’ is a separate Housing Project. Another aspect to be considered here, as submitted by the learned counsel, the utilities space is shifted to separate plot and building E was conceptuated separately. We, therefore, allow the appeal filed by the assessee and direct the Assessing Officer to allow the claim u/s.80IB(10) to the assessee.
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