TMI Blog2020 (9) TMI 676X X X X Extracts X X X X X X X X Extracts X X X X ..... which can be accessed by anyone since it has no boundary wall. No justification in including the car park in the definition of the built-up area of the residential unit for the purpose of determining the maximum built-up area. In such view of the matter, we are inclined to accept the reasoning of the Commissioner of Income Tax (Appeals) drawing support from the Tamil Nadu Apartment Ownership Act, 1994, which was confirmed by the Tribunal. See SHRI. SUBBA REDDY (HUF) [ 2015 (2) TMI 257 - MADRAS HIGH COURT Assessee is entitled to the benefit of deduction under Section 80IB of the Act. Accordingly, the Appeal filed the Revenue is liable to be dismissed and the same is hereby dismissed. The question of law is answered in favour of the As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding benefit of section 80-IB(10) given regarding car parking area sold to the flat owners which according to Revenue does not form part of the built-up area for the purpose of verifying the permissible limit of 1500 sq.ft prescribed in the section. The case of the Revenue is that covered Car parking allotted to buyers is only for regulating parking in the complex and to avoid confusion in parking. As the car parking area is not a deemed place and it is only a common amenity provided to buyers in the complex in which CMDA, i.e. the planning authority, does not consider the car parking for Floor Space Index (FSI) of the building. It was also argued that under Tamil Nadu Apartments Act, only parking area is defined as a common amenity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reas and facilities' in which clause 3 states that the basements, cellars, yards, gardens, parking areas and storage spaces are common areas. Hence, following the said provision, the Commissioner of Income Tax (Appeals) allowed deduction. 13. In the absence of any specific definition for the term 'built-up area' during the relevant period, the reasoning of the Commissioner of Income Tax (Appeals), which was confirmed by the Tribunal is justified. Nevertheless, we find that Section 80IB(10) of the Income Tax Act speaks about the residential unit having a maximum built-up area of 1500 sq.ft. to claim deduction. Even in the definition under Section 80IB(14)(a), which came into effect from 01.04.2005, builtup area w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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