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2018 (4) TMI 1765 - HC - Income TaxAddition u/s 80IB [10] - would an assessee be correct in contending that in many of the units in the housing project, the constructed area may exceed 1500 sq.ft., disallowance or deduction should relate to such unit and the remaining which fulfilled the necessary condition; including the limit of the constructed area, must be granted the benefit? - HELD THAT:- In the present case, however, we are not inclined to entertain Revenue’s Tax Appeal simply because out of several units included in the housing project [the number being 65, as we are informed] only in one of them, the constructed area exceeds the upper limit; that too, by a small margin. In the facts of the present case, therefore, we reserve our comments on the said question of law arising in a better case. To make it absolutely clear, not entertaining this Tax Appeal would not in any manner amount to our approving the ultimate conclusion of law reached at by the Tribunal on this issue.
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