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2012 (3) TMI 615 - KARNATAKA HIGH COURT"Built up Area" - Deduction u/s 80IB- Assessee is engaged in construction and real estate business. In the year 2002, they constructed some flats, separate sale deeds were executed in respect of the very same purchaser. Admittedly, all these flat totally measured less than 1500 sq. ft. per unit. Assessee claimed 100% benefit of deduction u/s 80IB(10). AO denied the said benefit on the ground that the main flats exceeded the permissible limit of 1500sq. ft. Also, separate sale deeds cannot be executed in respect of the very same purchaser - HELD THAT:- Space occupied by the balcony cannot be taken into consideration as the balcony area was not added to the flats for the purpose of finding out the total built up area prior to 01.04.2005. Similarly, prior to 19.08.2009, there was no prohibition for a person purchasing two flats. AO shall keep in mind the statutory provisions and then pass appropriate orders. Matter restored back.
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