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2017 (5) TMI 75 - AT - Income TaxDeduction u/s 80-IB(10) of the Income-tax Act, 1961 - denial on the ground that the floor space index exceeds 1500 sq.ft. - according to Revenue the private open terrace is nothing but an extension of floor space area for exclusive use of residential units - whether the private terrace attached with residential unit would form part of built-up area for the purpose of computing deduction under Section 80-IB(10)? - Held that: - it is necessary to examine the housing project approved by the local body. In other words, whether the so-called private open terrace said to be attached with private residential unit would form part of built-up area as per housing project or it was excluded from the approval granted by local authority. Since the copy of building approval was not available on record, this Tribunal is of the considered opinion that the matter needs to be reconsidered - appeal allowed by way of remand.
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