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2012 (12) TMI 361 - AT - Income TaxDeduction u/s 80IB (10) - AO denied on the ground that the commercial area in the project is more than 2000 sq.ft.- Built up area of some of the flats is more than 1500 sq.ft – Held that:- Assessee contended that after excluding the balcony/terrace the total built up area of none of the flats exceeds 1500 sq.ft. Whereas AO argued that some of the residential units have a built up area exceeding 1500 sq.ft. even when the terrace area is excluded. Therefore, Issue needs fresh adjudication and decides on the basis that total built up area of flats excluding the balcony/terrace area, not exceeds 1500 sq.ft as decide in case of Prime Properties (2012 - TMI - 217271 - ITAT, PUNE). Issue remand back to AO.
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