Case: An Housing Project consisting of majority of flats within 1000 sft / 1500 sft and some exceeding 1000 sft / 1500 sft, which fulfills all other conditions as stated u/s 80IB(10) of the Income Tax Act, 1961. The cost incurred and profit earned for the flats within 1000 sft / 1500 sft and for flats exceeding 1000 sft / 1500 sft are clearly identified. Form No. 10CCB for flats within 1000 sft / 1500 sft has been certified by Chartered Accountants for tax exemption u/s 80IB(10) on profits earned from sale of flats of 1000 sft / 1500 sft.
Q1. Is tax exemption for this case allowable by the IT Department? If yes, is it on the actual profit or proportinate profit for the flats within 1000 sft / 1500 sft?
Q2. Is there any Departmental Clarification or Juducial Pronouncement regarding allowability or disallowability of profit for the flats within 1000 sft / 1500 sft, in this case?
Please help.
Dear Expert
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