TMI Blog2018 (4) TMI 1765X X X X Extracts X X X X X X X X Extracts X X X X ..... uding the limit of the constructed area, must be granted the benefit? - HELD THAT:- In the present case, however, we are not inclined to entertain Revenue s Tax Appeal simply because out of several units included in the housing project [the number being 65, as we are informed] only in one of them, the constructed area exceeds the upper limit; that too, by a small margin. In the facts of the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owing question for our consideration :- Whether the Appellate Tribunal is right in law in deleting the addition made by the Assessing Officer under Section 80IB [10] of the Act ? Undisputed facts are that the respondent-assessee claimed deduction under Section 80IB [10] of the Income-tax Act, 1961 in relation to income of housing development. The pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a question does arose whether an assessee, who is a developer of a housing project, can contend that even if he has breached the condition of the residential units not exceeding constructed area of 1000 sq.ft., in many cases, the deduction under Section 80IB [10] of the Act cannot be allowed in its entirety. In other words, would an assessee be correct in contending that in many of the units in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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