TMI Blog2012 (3) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... ace 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. - ITA No 32 of 2010 - - - Dated:- 19-3-2012 - Mr N. Kumar And Mr. Ravi Malmath, JJ. For The Appellants : Sri. K. V. Aravind And Sri M. V. Seshachala, Adv. For The Respondent : Sri A. Shankar And Sri M Lava, Advs. JUDGMENT The revenue has preferred this appeal challenging the order passed by the Tribunal granting proportionate benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use some flats are larger than 1500 sq. ft., The Assessee will not lose the benefit in its entirety. Only with reference to the flats which are more than the prescribed limit, the assessee will lose the beefit. Accordingly, the appeal was allowed and the matter was remitted back to the Assessing Aurhority for fresh consideration in the light of the observations made in the Tribunal s order. Aggrieved by the said order, the revenue is in appeal. 3. The learned Counsel for the revenue assailing the impugned order contended that once it is established that the flats constructed measures more than 1500 sq. ft. the assessee in not entitled on exemption under Section 80IB(10) of the Act. It is immaterial whether such a violation is found only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up area. It is only after 01.04.2005, it was added. The word built up area for the purpose of Section 80IB has been defined and the position is made clear. In the instant case, as the plan was sectioned on 18.10.2003 and the modified plan was sectioned on 01.06.2004, for calculating the total built up area of these flats, the space occupled by the balcony cannot be taken into consideration. Similarly, prior to 19.08.2009, during that period, these was not prohibition for a person purchasing two flats. Therefore when a mezzanine floor and a flat is purchased under two separate sale deeds for the purpose of finding out of the benefit under the aforesaid provision, we have to look inot the measurement contained in the sale deeds. If that is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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