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HC ruled that open terrace and portico areas are not part of "built-up area" under Section 80-IB. These open spaces, being exposed and outside the inner measurement of a residential unit, shall be excluded from total built-up area computation. If after excluding these spaces the residential unit's built-up area remains within 1,500 sq.ft., the assessee is eligible for tax deduction under Section 80-IB. The court distinguished between enclosed balconies/projections and open terrace/portico, holding that open spaces cannot be considered within the definition of built-up area. Consequently, the assessee's appeal was allowed, permitting exclusion of open spaces from built-up area calculation.
HC ruled that open terrace and portico areas are not part of "built-up area" under Section 80-IB. These open spaces, being exposed and outside the inner measurement of a residential unit, shall be excluded from total built-up area computation. If after excluding these spaces the residential unit's built-up area remains within 1,500 sq.ft., the assessee is eligible for tax deduction under Section 80-IB. The court distinguished between enclosed balconies/projections and open terrace/portico, holding that open spaces cannot be considered within the definition of built-up area. Consequently, the assessee's appeal was allowed, permitting exclusion of open spaces from built-up area calculation.
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