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2012 (5) TMI 196 - HC - Income TaxDeduction u/s 80IB - inclusion / exclusion of balcony - built up area - held that:- admittedly if the balcony area is excluded, none of the residential units is more than 1,500 sq. ft. Therefore, the assessee is entitled to 100% benefit of Section 80IB(10), The Tribunal was not justified in giving only the proportionate benefit. - the assessee is entitled to the benefit of Section 80IB(10) in respect of the 152 flats. - Decided in favor of assessee. Dis allowance on account of payment in cash - Rule 6DD read with section 40A(3) - The assessee contends when he has not put forth any claim of expenditure, Section 40A (3) is not attracted and 20% disallowance was not permissible. - held that:- matter remanded back.
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