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2017 (3) TMI 1864 - AT - Income TaxDeduction u/s. 80IB(10) - Denial of deduction as size of the housing unit is exceeding 1,500 sq.ft., the limit specified under the provisions of section 80IB(10) - HELD THAT:- In the case in hand it is undisputed that the AO has pointed out to the assessee that the area of the flats in the projects are exceeding 1,500 sq.ft. and therefore the assessee’s claim is not allowable upon which the assessee had withdrawn his claim by filing a revised return. Since the revised return was filed within the period of limitation and it was a valid return of income therefore, the Assessing Officer has framed the assessment on the basis of revised return. AO has not proceeded further to verify and counter the claim of the assessee on the issue of built up area of dwelling units. This issue is not a pure legal issue but it involves the question of facts to be verified and then only the legal provisions are to be applied. There is no quarrel on the legal provisions that as per section 80IB(14)(a) the common area of the projects are to be excluded for the purpose of considering the built up area. The actual built up area is required to be measured and verified. The assessee himself has accepted the objections of the AO during the assessment proceedings. Therefore this claim of the assessee raised before the CIT(A) as well as this tribunal cannot be accepted. As regards the assessment year 2007-08 is concerned it is noted that the AO has not given any finding on this issue and therefore it is not a case that the AO has carried out any exercise of measuring the built up area of the flats in question. - Decided against assessee.
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