banner_ad

Applicability of Section 80IB of Income Tax Act

Tax planning 5886 views 5 replies

Dear Friends,

An undertaking engaged in developing and building Housing Projects shall be eligible to claim deduction under Section 80-IB of Income Tax Act 1961 subject to certain conditions. One of the conditions for claiming deduction is:
 
Condition : The built-up area of each residential unit should be subject to the following maximum limit -
 
I) Within the cities of Delhi and Mumbai: 1000 sq. ft.
 
II) Within 25 Kilometres from the local limits of Delhi & Mumbai: 1000 sq. ft.
 
III) At any other place: 1500 sq ft.
 
My query is related to above condition:
 
i.  If an undertaking is developing housing project in NH-58, (situated within 25 Kilometres from the local limits of Delhi but within municipal limits of Other City). In which clause it is covered of Condition   ?
 
ii. If area of some of the residential units exceeds the abovesaid limit of 1000/1500 sq ft, t is there any provision for proportionate deduction?
Replies (5)

plz reply........

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

 

 

Agree with reply from Mr Atul Aggarwal.

 agree

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.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
16 May 2026
Audit clerk

mgirt & co

Bengaluru

CA Inter

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
26 May 2026
Education Content Creator

Adyayam Education LLP

Bengaluru

CA Foundation

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 14 May 2026
CA ARTICLE

PRAVEEN GARG & CO

Faridabad

CA Foundation

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details