Assessee, a real estate developer, was engaged in business of construction of residential units/bungalows which were duplexes surrounded by a compound wall. Each residential unit consisted of a portico and an open terrace Assessee claimed deduction under section 80IB(10) of the Act. Assessing Officer disallowed same on ground that terrace which was open to sky and portico without walls could be included in computing built-up area of each residential unit which exceeded 1,500 sq. ft. for purposes of determining eligibility for deduction under section 80-IB. Tribunal affirmed the order of the Assessing officer. On appeal the Court held that   since open terrace and portico was an area which was otherwise totally open and exposed and could not be brought within purview of inner measurement of residential unit, said two areas had to be excluded from computation of built-up area entitling assessee to benefit under section 80IB(10) of the Act. Order of Tribunal affirmed.  (AY. 2008-09,  2009-10)