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2015 (6) TMI 940 - AT - Income TaxProportionate deduction of 80IB(10) - flats which are having built up area of below 1000 sq. ft. - whether conditions of 80IB(10) have not been fulfilled for the whole project/building and cannot be approved in piecemeal for some flats in the building? - CIT(A) allowed claim - Held that:- There are series of decisions of this Tribunal, wherein, the Tribunal has held that in case of certain dwelling units exceeds the area prescribed u/s 80-IB(10) then the assessee would be eligible for deduction proportionately to the extent of the dwelling unit having the constructed area less than the limit provided in the section. Even if the proportionate area of plot is excluded from the total area of the plot of the project all other conditions prescribed u/s 80-IB(10) including the size of the plot are satisfied. Accordingly following the earlier order of this Tribunal we do not find any error or illegality in the order of CIT(A) allowing the proportionate deduction u/s 80-IB(10). - Decided in favour of assessee.
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