Applicability of Section 80IB of Income Tax Act

Tax planning 5740 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.


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