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2019 (5) TMI 677 - AT - Income TaxDeduction u/s 80IB(10) on pro rata basis in respect of “Kumar Shantiniketan” projects” - as noticed that the flats bearing Nos.3 and 4 at “D” Building with garden area of 236.03 sq.ft and the garden area was not considered in that built up area of the flats - AO had observed that if the garden area was included in the built up area then the maximum permissible built up area would exceed the mandatory requirement prescribed u/s 80IB(10) accordingly denied the claim of deduction u/s 80IB(10) - HELD THAT:- As decided in assessee's own case [2013 (11) TMI 465 - ITAT PUNE] and [2017 (1) TMI 1663 - ITAT PUNE] deduction u/s.80IB(10) was to be allowed on prorata basis with reference to qualifying residential units and assessee would not be denied claim for deduction u/s.80IB(10) if some of its residential units are of built up area exceeding prescribed limit in clause (c) of section 80IB(10) of the Act – In view of the above decisions, in the present case it is held that whatever portion completed by the assessee which satisfies the conditions prescribed u/s.80IB(10) is eligible for deduction - Decided in favour of assessee.
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