Dismissing the appeal of the revenue the Court held that, clause (f) to section 80-IB(10) came into force on August 19, 2009, in terms of which, there was a prohibition for allotment in favour of a spouse. The allotment of the two flats to SK on March 13, 2009 and June 29, 2009 and the allotment of the flat to SP on June 26, 2009 would not constitute a breach of the condition in section 80-IB(10)(f) . Even if the area proportionate to the four residential units was excluded from consideration, the available area exceeded 4000 sq. meters or one acre. Since only one of the residential units could be excluded, the area exceeded one acre and there was no breach whatsoever on this count. (AY.2012-13)
Kamat Constructions Pvt. Ltd. v. CIT (2020) 429 ITR 609 / 277 Taxman 640(Bom.)(HC)
S. 80IB(10) : Housing projects-Condition coming into effect from 19-8-2019-Allotments made prior to that date-Entitled to pro-rata deduction. [S. 80IB(10)(f)]