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2015 (11) TMI 920 - AT - Income TaxDeduction u/s 80IB(10) - no compliance of the requirement of the provision of the Act in some flats, the built up area was more than the stipulated condition of 1,000 sq. ft. - Held that:- Whether the assessee can be held liable for extension of area in the alleged flats after the sale to the respective purchasers. The obvious reply is ‘NO’ because the project of the assessee was completed on 28/03/2008 after examining the area of each flat of the project by the competent authority and only then the completion certificate was issued to the assessee. The case of the assessee is fortified by the fact that the assessee started construction on 15/04/2002 and during second survey carried out in 2006, everything was found in order. It can be said the basic structure of the flats must have been completed or at least the base should have been completed above plinth area, on which the further construction would have been made. There is no allegation by the survey team (during first survey in 2006) that the assessee was not constructing as per the approved plan. The completion certificate was issued by the competent authority after examining whether the assessee has fulfilled the conditions stipulated in the Act and also whether construction has been completed as per the sanctioned plan dated 15/04/2002. If, at the later stage, the allottees/occupants of the flats makes any addition, the assessee cannot be held liable for their omissions/acts, if any. - Decided in favour of assessee.
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