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TMI Blog2020 (9) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... which certifies that the developer has completed the project in accordance with the approved Building Plan as approved by the CMDA. The assessee also specifically states that the built-up area is 'maximum built-up area' and not 'carpet area' or 'super built-up area' and this fact has been considered by the CIT(A) as well as by the Tribunal and the assessee has been granted relief - No Substantial Questions of Law arises for consideration in this appeal. - T.C.A.No.231 of 2020 - - - Dated:- 26-8-2020 - HONOURABLE MR.JUSTICE T.S. SIVAGNANAM and HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA For Appellant : Ms.R.Hemalatha Senior Standing Counsel For Respondent : Mr.Ashok Pathy for M/s.Pass Associates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the respondent. 3. The assessee in the Return of Income filed for the assessment year under consideration / AY 2012-13, among other things claimed deduction under Section 80 IB(10) of the Act. The Assessing Officer issued notice calling upon the assessee to explain as to why the deduction should not be disallowed on the ground that the assessee did not give the breakup details of the size of the land in which the apartment complex is developed. The assessee did not furnish the details of survey number and filed few details without the purchasers address and copy of some documents. On perusal of the same, the Assessing Officer was of the view that the built up area of a flat sold to one Mr.Sivaramakrishnan Natarajan was about 1570 sq.ft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenging the same, the Revenue is on appeal before us. 5. The assessee has given a factual explanation which was taken note of by the CIT(A). The condition to be fulfilled by the assessee to sustain his claim for deduction under Section 80IB(10) is to establish that the residential unit has a maximum built-up area of 1500 sq.ft as it is in a place which is not more than 25 km from the municipal limits of the cities. The Assessing Officer appears to have examined one document and stated that the built-up area is more than 1500 sq.ft. The word used in Clause c in the proviso to Section 80IB(10) is ''Maximum Built-up area'' and not 'Carpet area' or 'super built-up area'. 6. the undisputed fact is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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