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2017 (11) TMI 1212 - AT - Income TaxBenefit of deduction u/s. 80IB(10) - denial of claim in respect of aforesaid row house on the ground that built up area of the said house including terrace is more than 1500 sq. ft. - deduction u/s. 80IB(10) on pro-rata basis in respect of eligible units - Held that:- In the present case the ‘terrace’ which is subject matter of dispute is over car parking and open to the sky. The Co-ordinate Bench in the case of Shri Naresh T. Wadhwani Vs. DCIT [2014 (11) TMI 689 - ITAT PUNE ] has held that the area of terrace is not to be included while computing ‘built up area’. Thus, in view of the facts of the case and the decision referred above, we are of considered view that the area of terrace is not to be included in the total built up area. After excluding the area of terrace the built up area of house in question is less than 1500 sq. ft. Hence, the assessee is eligible for claiming deduction u/s. 80IB(10) in respect of row house as well. Accordingly, the solitary issue raised by the assessee in appeal is allowed. Resultantly, the appeal of assessee is allowed.
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