Dear Friends,
Applicability of Section 80IB of Income Tax Act
Ankur Tayal (Chartered Accountant) (53 Points)
21 February 2009Ankur Tayal (Chartered Accountant) (53 Points)
21 February 2009Dear Friends,
atulaggarwal
(Chartered Accountants)
(24 Points)
Replied 19 November 2009
Dear Mr Ankur,
The law is very clear on your first issue. In your case 25 Kms from local limits of Delhi shall be applicable. There is no clause in the law for local limits of cities other than Delhi & Mumbai.
The Relevannt clause is reproduced below for your ready reference.
"the residential unit has a maximum built-up area of one thousand square feet where such residential unit is situated within the city 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;"
Also there is no clause for proportionate deduction in the act.
Regards
CA SUDHAKAR
(CHARTERED ACCOUNTANT)
(189 Points)
Replied 19 November 2009
Agree with reply from Mr Atul Aggarwal.
Nivedita Goyal
(Chartered Accountant)
(25 Points)
Replied 09 August 2010
wont agree see CIT v. sheth developers (P.) Ltd.[2009]33 SOT 277 (Mum.)
according to the above judgement if some of the units in housing complex exceeded the area limit given, relief under section 80IB must be given on pro-rata basis.
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