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TMI Blog2015 (5) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee was that such commercial user to some extent is permitted to the professionals like Doctors, Chartered Accountants, Advocates, etc., in the DCRs itself. Therefore, we clarify that direction (b) is to be read in that context where the project is predominantly housing/ residential project but the commercial activity in the residential units is permitted. - Special Leave to Appeal (C) No(s). 22450/2011 - - - Dated:- 28-4-2015 - K Sikri And Rohinton Fali Nariman JJ. For the Appellant : MR. B. V. Balaram Das For the Respondent : MR. Nikhil Nayyara Judgement SLP (C)No.22450/2011, SLP (C)No. 20534/2013, SLP (C) CC No.12785/2013, SLP (C)CC No.11544/2013, SLP (C) No.21661/2013, SLP (C) No.21662/2013, SLP (C) No.21663/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P (C) Nos. 28976-28977/2013, SLP (C) No.9153/2014, SLP(C) No. 1568/2013, SLP(C) No. 31861/2012 SLP(C) No. 3127/2012, SLP(C) No. 3793/2012, S.L.P.(C)...CC No. 7562-7563/2012, SLP(C) No. 16627/2012, SLP(C) No. 20034/2012, SLP(C) No. 20035/2012, SLP(C) No. 21299/2012, SLP(C) No. 16490/2013, SLP(C) No. 16491/2013, SLP(C) No. 16492-16493/2013, SLP(C) No. 18023/2013, SLP(C) No. 18024/2013, SLP(C) No. 18025/2013, SLP(C) No. 18026/2013,SLP(C) No. 21665/2013, SLP(C) No. 28449/2013, SLP(C) No. 32691/2013, SLP(C) No. 32693/2013, SLP(C) No. 2766/2014, SLP(C) No.5699/2014, SLP(C) No.33433/2014, SLP(C) No.5768/2015, SLP(C) No.4680/2015, SLP(C) No.5764/2015, SLP(C) No. 5776/2015, SLP(C) No. 7576/2015, SLP(C) No. 6452/2015, SLP(C) No. 8826/2015, SLP(C) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) such undertaking has commenced or commences development and construction of the housing project on or after the 1st day of October, 1998; (b) the project is on the size of a plot of land which has a minimum area of one acre; and (c) the residential unit has a maximum built-up area of one thousand square feet where such residential unit is situated within the cities of Delhi or Mumbai or within twenty-five kilometres from the municipal limits of these cities and one thousand and five hundred square feet at any other place. However, the income tax authorities rejected the claim of deduction on the ground that the projects were not housing project inasmuch as some commercial activity was also undertaken in those projects. This c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority. b) In such a case, where the commercial user permitted by the local authority is within the limits prescribed under the DC Rules/ Regulation, the deduction under Section 80IB(10) upto 31/3/2005 would be allowable irrespective of the fact that the project is approved as 'housing project' or ' residential plus commercial'. c) In the absence of any provisions under the Income Tax Act, the Tribunal was not justified in holding that upto 31/3/2005 deduction under Section 80IB(10) would be allowable to the projects approved by the local authority having residential building with commercial user upto 10% of the total built-up area of the plot. d) Since deductions under Section 80IB(10) is on the profits derived fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted to the professionals like Doctors, Chartered Accountants, Advocates, etc., in the DCRs itself. 7. Therefore, we clarify that direction (b) is to be read in that context where the project is predominantly housing/ residential project but the commercial activity in the residential units is permitted. With the aforesaid clarification, we dispose of all these special leave petitions. SLP (C) No.8827/2015, SLP (C) No.9132/2014, SLP (C) No.9871/2014, SLP (C) No.8823/2015, SLP (C) No.7570/2015, SLP (C) No. 8829/2015, SLP (C) No.10290/2014, SLP (C) No.24330/2011, SLP (C) No.8390/2015, SLP (C) No.4651/2015, SLP (C) No.4652/2015, SLP (C) No.7579/2015, SLP(C) No. 12063/2015, SLP(C) No. 7578/2015, SLP(C) No. 8828/2015, SLP(C) No. 7575/2015, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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