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2019 (2) TMI 276 - AT - Income TaxDeduction u/s.80IB(10) - reopening of assessment - Computation of ‘maximum built up area’ appearing in clause(c) of section 80IB(10) - Held that:- CIT(A) has held that for the purposes of computing the ‘maximum built up area’ appearing in clause(c) of section 80IB(10), the area covered by balcony, terrace, box and projections as appearing in clause (a) of section 80IB(14) has to be excluded. After the exclusion of the areas covered by balcony, terrace, box and projections the ‘built up area’ of all the rowhouses constructed by the assessee does not exceed 1500sq.ft. in area. Hence, the assessee has fulfilled the conditions laid down for claiming deduction u/s.80IB(10) of the Act and the same was allowed by the CIT(Appeals). That even as per the legal parameters opined by the Hon'ble Karnataka High Court as on record, it is very much clear that the projections whatever was taken prior to the amendment in definition of built up area which got inserted in sub section (a) of section 80IB, which came into effect from 01.04.2005, the rigors of the amendment cannot be applied retrospectively to put the assessee in jeopardy. No infirmity in the order of CIT(Appeals) and therefore, relief granted by CIT(Appeals) to the assessee is sustained. Accordingly, grounds of appeal raised by Revenue for the assessment year 2007-08 are dismissed.
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