S. 80-IB(10)(d) ceiling on commercial area inserted w.e.f. 1.4.05 does not apply to projects approved before that date
The assessee’s housing project was commenced pre 1.4.2005 when s.
80-IB(10) did not impose any ceiling on the commercial area that could
be embedded in the project. S. 80-IB(10)(d) was inserted by the Finance
(No.2) Act, 2004 to impose a ceiling on the extent of commercial area
that could be contained in the housing project. The Tribunal held that
as the assessee’s project was completed after 1.4.2005, the question of
eligibility for s. 80-IB(10) deduction had to be considered as per the
law then prevailing and not at the time that the project was approved.
As the commercial area exceeded the ceiling stipulated in s.
80-IB(10)(d), the claim for deduction was denied. On appeal by the
assessee to the High Court, HELD reversing the Tribunal:
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