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2014 (2) TMI 1289 - AT - Income TaxEntitlement to deduction under section 80IB(10) - AO denied claim as the assessee is not the owner of the property and the built up area is more than 1500 sq.ft - Held that:- The provisions nowhere required that developer who are the owner of the land alone would be entitled to grant of deduction under section 80IB(10) of the Act. So far as built up area is concerned, as per section 80IB(10)(14)(a) of the Act, which is very clear that the common areas showed that the residential units alone does not include built up area. In this case, it is very clear that the built up area alone has to be considered to see the threshold limit of 1500 sq.ft. as observed by the ld. CIT(Appeals). See Sanghvi and Doshi Enterprises and others v. ITO [2014 (1) TMI 480 - ITAT CHENNAI] - Decided in favour of assessee
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