Dismissing the appeal of the revenue the Court held that the condition laid down under section 80IB(10)(c) was fulfilled when the assessee claimed the deduction with respect to the residential units, which had built-up area less than 1500 sq. ft. Under section 80IB(10) there was no provision requiring the assessee to obtain a commencement certificate from the local authority for development and construction of the residential unit having more than 1500 sq. ft area. Therefore, whether such development permission included the area for the residential units, which were more than 1500 sq. ft. would not be relevant for deciding the eligibility for deduction under section 80IB(10). (AY.2010-11)
PCIT v. Pratham Developers (2020) 429 ITR 114 (Guj.)(HC)
S. 80IB(10) : Housing projects-Single approval from local authority for development and construction of residential units more and less than 1500 Sq. Ft. in area-Entitled to deduction. [S. 80IB(10)(c)]