9911796707
TMI Blog2019 (2) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... sposed of vide this consolidated order. Though the Revenue has taken multiple grounds of appeal, the crux of the grievance in both the assessment years is deletion of the additions made by the Assessing Officer disallowing deduction u/s.80IB(10) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 3. Assessments were completed u/s.143(3) r.w.s. 147 of the Act. The Ld. CIT(Appeals) has provided relief to the assessee by deleting additions with regard to deduction u/s.80IB(10) of the Act. 4. The Ld. AR for the assessee appraised the bench at the time of hearing that in Para 22 of the CIT(Appeals)'s order for assessment year 2007-08, the entire crux of the matter is well defined and discussed and thereby, relief provided to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he project in question has got approval on 06.12.2004 i.e. before the amendment, the area of balcony and projections will not be included in calculating the total built up area. The Assessing Officer has not followed this direction given by the learned CIT, Aurangabad. It has been decided by the Hon'ble Karnataka High Court that the amendment with respect to built up area is a substantive amendment and not a clarificatory one. Accordingly, same has no retrospective effect. Hence, in view of the discussion above, I hold that in the instant case, for the purposes of computing the "maximum built up area" appearing in clause (c) of section 80IB(10), the area covered by balcony, terrace, boxes and projections as appearing in clause -(a) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which Ld. CIT(A) has given relief to the assessee. Factually also, we find that as on record, the Assessing Officer has stated in explicit terms that he is relying on the provisions of clause -(a) of section 80IB(14) and relying on the report of the Department of Valuation Officer dated 27.10.2014 wherein the areas of balconies, boxes, projections and terrace adjoining to the staircase at ground floor and first floor were also included while arriving at the maximum built up area contemplated in clause -(c) of section 80IB(10). The Department Valuation Officer vide his letter dated 19.02.2015 addressed to the Assessing Officer has specified that in the valuation report issued by his office on 27.10.2014, the built up area was calculated i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals). That even as per the legal parameters opined by the Hon'ble Karnataka High Court as on record, it is very much clear that the projections whatever was taken prior to the amendment in definition of built up area which got inserted in sub section (a) of section 80IB, which came into effect from 01.04.2005, the rigors of the amendment cannot be applied retrospectively to put the assessee in jeopardy. Accordingly, we do not find any infirmity in the order of CIT(Appeals) and therefore, relief granted by CIT(Appeals) to the assessee is sustained. Accordingly, grounds of appeal raised by Revenue for the assessment year 2007-08 are dismissed. 6. In the result, appeal of the Revenue in ITA No.1848/PUN/2016 is dismissed. 7. Since the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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