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TMI Blog2014 (7) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... P.C. 1. This appeal was heard along with Income Tax appeal No.3633 of 2009, which was decided on 28th March 2012. Since an additional issue is involved in this appeal, the matter was placed for further hearing. Accordingly, this appeal is heard today. 2. The assessment year involved herein is AY 2004-2005. 3. Basically, two questions are raised in this appeal, namely, (a) whether the Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue in the case of Commissioner of Income Tax V/s. Vandana Properties, being Income Tax Appeal No.3633 of 2009 has been decided in favour of the assessee on 28th March 2012. Hence, the first question cannot be entertained. 5. As regards the second question is concerned, it is not in dispute that for the first time the Legislature has defined the expression 'built up area' in Section 80 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the local authority does not include the balcony area, then, prior to 1st April 2005 the same would apply while considering the eligibility under Section 80IB (10) of the Act. That is why, the Legislature has introduced the definition of 'built up area' by including the balcony area with effect from 1st April 2005. In such a case, where the Legislature with effect from a particular dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive flat in the housing project in question becomes less than 1000 square feet, which is in consonance with Section 80IB (10). Therefore, without going into the question as to whether, prior to 1st April 2005, the rewas area was liable to be excluded from built up area or not, we hold that in the facts of the present case, the CESTAT was justified in holding that the assessee was entitled to Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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