judicial update: Issue: whether deduction u/s 80IB can be disallowed on the ground that built up area of flat exceeded the limit of 1500 sq ft by including the area of courtyard in the rear area? The honble Bom HC in case of Commonwealth Developers has held:- The built-up area is the carpet area plus the thickness of outer walls and balcony. The carpet area of a property is defined as net usable area from the inner side of one wall to another. The carpet area comprises of carpet area of the demised premises, toilet areas within such demised premises. Thus, it can be seen that to meet the requirement of an area to be treated as a built -up area some construction has to be in existence in such area. Thus, the area of the courtyard which is open to the sky cannot be included to compute the built-up area.
Posted on: Sat, 03 May 2014 04:15:09 +0000
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