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of <h1>Tribunal denies section 80-IB deduction for Sunshine & Greenwoods projects due to built-up area calculation.</h1> <h3>Modi Builders & Realtors (P.) Ltd. Versus Assistant Commissioner of Income-tax, Circle 16(2), Hyderabad</h3> Modi Builders & Realtors (P.) Ltd. Versus Assistant Commissioner of Income-tax, Circle 16(2), Hyderabad - TMI Issues:Denial of deduction under section 80-IB for Sunshine and Greenwoods projects.Analysis:The appeal concerns the denial of deduction under section 80-IB for the Sunshine and Greenwoods projects by the CIT(A)-V, Hyderabad for the assessment year 2007-08. The assessee claimed a deduction of Rs. 1,75,08,544 under section 80-IB for these projects. The Assessing Officer disallowed the deduction as the area of each flat in the Sunshine and Greenwoods projects exceeded 1500 sq. ft., a key condition for eligibility under section 80-IB. The assessee argued that the portico and open terrace should be excluded from the built-up area calculation, but this contention was rejected by the lower authorities.The main contention revolved around the interpretation of the term 'built-up area' as per section 80-IB(14)(a) of the Income-tax Act, 1961. The definition of built-up area includes the inner measurements of the residential unit at the floor level, including projections and balconies. The dispute centered on whether the portico and balcony should be included in determining the built-up area of each residential unit. The definition introduced by the Finance Act, 2004, clearly specified that built-up area includes projections and balconies. If the total built-up area exceeds 1500 sq. ft., the assessee would not be entitled to the deduction under section 80-IB.The Tribunal held that the legislative intent expressed in the statutory language was unambiguous, and the inclusion of portico and balcony in the built-up area calculation was necessary. As the built-up area exceeded 1500 sq. ft. per residential unit in this case, the assessee was not entitled to the benefit under section 80-IB. The Tribunal upheld the order of the CIT(A) on this issue, resulting in the dismissal of the assessee's appeal.In conclusion, the Tribunal's decision affirmed the disallowance of the deduction under section 80-IB for the Sunshine and Greenwoods projects due to the inclusion of portico and balcony in the built-up area calculation, exceeding the prescribed limit of 1500 sq. ft. per residential unit.
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