TMI Blog2018 (1) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... ified even if either the development or the construction starts before the specified date, the benefit under the aforesaid provisions would not be admissible. The evidence on record may prove that the foundation laying ceremony of the projects may have been performed on 30.9.1998 and actual construction may have started later on but the levelling of the earth in the project had started much earlier. Thus, with the levelling of the earth, the development and construction of the project had commenced which was prior to 1st October 1998. In view of the fact that the development and construction of the housing project are integral to each other and as the filling or levelling of the earth of the projects which is part of development had c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o major complexes namely M/S Shipra Rivera and M/S Shipra Sun City at Indirapuram. Each of the above complexes were sub-divided into small projects. The Shipra Rivera complex was divided into the following six projects:- 1) Bhagirathi Project; 2) Alaknanda Project; 3) Brahmaputra Project; 4) Caveri Project; 5) Amravati Project; and 6) Damodar Project. Similarly, Shipra Sun City Complex was also sub-divided into five projects namely:- 1) Nilgiri Project; 2) Shivalik Project; 3) Sadpura Project; 4) Kanchenjunga Project; and 5) Aravali Project. The respondent assessee claimed deduction under Section 80 IA(4F) read with Section 80 IA(5) and Section 80 IB (10) of the Act in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... project prior to 1.10.1998. The tribunal in allowing the claim of the assessee has held that as in all the four projects work orders were issued subsequent to 1.10.1998, there is no reason to assume that the development and construction of the projects started prior to 1.10.1998 so as to deny the claim of deduction under Section 80 IA (4 F)/80 IB (10) of the Act. Section 80 IA (4F) of the Act which stood during the relevant assessment year reads as under :- 80IA(4F) This section applies to an undertaking, engaged in developing and building housing projects approved by a local authority subject to the condition that the size of the plot of land has a minimum area of one acre, and the residential unit has a built up area not exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said provisions would not be admissible. The evidence on record may prove that the foundation laying ceremony of the projects may have been performed on 30.9.1998 and actual construction may have started later on but the levelling of the earth in the project had started much earlier. Thus, with the levelling of the earth, the development and construction of the project had commenced which was prior to 1st October 1998. In view of the fact that the development and construction of the housing project are integral to each other and as the filling or levelling of the earth of the projects which is part of development had commenced prior to 1.10.1998, it would be deemed that the development and construction had commenced prior to 1.10.1998 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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