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2020 (9) TMI 676 - HC - Income TaxDeduction u/s 80IB - specific definition for the term 'built-up area' - Car parking inclusion calculation of built-up residential units - HELD THAT:- As decided in C. SUBBA REDDY (HUF) [2010 (12) TMI 248 - ITAT, CHENNAI] Section 80IB(10) of the Income Tax Act speaks about the residential unit having a maximum built-up area of 1500 sq.ft. to claim deduction. CIT(Appeals) has correctly held that built-up area is only the inner measurement of the residential units at the floor level plus projections and balconies plus thickness of the walls. But, the car parking area is not a living space and it is a common area which can be accessed by anyone since it has no boundary wall. No justification in including the car park in the definition of the built-up area of the residential unit for the purpose of determining the maximum built-up area. In such view of the matter, we are inclined to accept the reasoning of the Commissioner of Income Tax (Appeals) drawing support from the Tamil Nadu Apartment Ownership Act, 1994, which was confirmed by the Tribunal. See SHRI. SUBBA REDDY (HUF) [2015 (2) TMI 257 - MADRAS HIGH COURT Assessee is entitled to the benefit of deduction under Section 80IB of the Act. Accordingly, the Appeal filed the Revenue is liable to be dismissed and the same is hereby dismissed. The question of law is answered in favour of the Assessee.
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