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2012 (9) TMI 1022 - AT - Income TaxDisallowance of deduction u/s 80-IB(10) - Held that:- If there is no evidence that the builder has combined the flats and the adjoining flats are combined by the customers, there was no reason to compute the built up area as required for clause (i) of section 80-IB(10) of the Act after combining the flats. In this view of the matter, we are therefore, of the opinion that the built-up of the flats have to be considered independently, as rightly concluded by the CIT(A). If so done, in the present case, we find that the condition prescribed in clause (c) to section 80-IB(10) of the Act is met. Therefore, on this aspect, the order of the CIT(A) is affirmed.
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