Section 80IB deduction denied due to non-completion of project within stipulated period u/s 80IB(10) by 31.03.2008 and commercial construction exceeding limit under clause (d). Amendment via Finance Act 2004 from 01.04.2005 imposed new conditions for deduction for projects approved and commenced prior to 01.04.2005. Condition restricting commercial space is impossible if project at advanced stage per approved plan, but completion timeline reasonable with over three years allowed post amendment. Projects approved after 01.04.2005 also have four-year completion period. Issue of completion certificate requirement sub-judice before Supreme Court, remanded for fresh adjudication as per provisions at project approval, subject to judgments. Commercial area exceeding prescribed limit allowed if approved by local authority, verified against sanction plan. Matter remanded to assess commercial area conformity with approved plan. Appeals allowed for statistical purposes.
Section 80IB deduction denied due to non-completion of project within stipulated period u/s 80IB(10) by 31.03.2008 and commercial construction exceeding limit under clause (d). Amendment via Finance Act 2004 from 01.04.2005 imposed new conditions for deduction for projects approved and commenced prior to 01.04.2005. Condition restricting commercial space is impossible if project at advanced stage per approved plan, but completion timeline reasonable with over three years allowed post amendment. Projects approved after 01.04.2005 also have four-year completion period. Issue of completion certificate requirement sub-judice before Supreme Court, remanded for fresh adjudication as per provisions at project approval, subject to judgments. Commercial area exceeding prescribed limit allowed if approved by local authority, verified against sanction plan. Matter remanded to assess commercial area conformity with approved plan. Appeals allowed for statistical purposes.
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