Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The HC upheld the ITAT's decision affirming the CIT(A)'s direction to exclude service areas, window areas, window projections, and cupboard projections from the "built up area" calculation under Section 80IB(10) for the 1000 sq.ft. eligibility limit. The court held that "built up area" encompasses the carpet area and habitable projections but excludes common areas and non-habitable features. The flower bed area was correctly excluded as it lies outside the residential unit, is open to the sky, below floor level, and non-habitable. Service areas, used for building maintenance and inaccessible to flat owners, and unsafe window projections were also rightly excluded. The court found no substantial question of law warranting interference, confirming that the deductions under Section 80IB(10) must be computed based on habitable, enclosed areas, excluding ornamental or common spaces.
The HC upheld the ITAT's decision affirming the CIT(A)'s direction to exclude service areas, window areas, window projections, and cupboard projections from the "built up area" calculation under Section 80IB(10) for the 1000 sq.ft. eligibility limit. The court held that "built up area" encompasses the carpet area and habitable projections but excludes common areas and non-habitable features. The flower bed area was correctly excluded as it lies outside the residential unit, is open to the sky, below floor level, and non-habitable. Service areas, used for building maintenance and inaccessible to flat owners, and unsafe window projections were also rightly excluded. The court found no substantial question of law warranting interference, confirming that the deductions under Section 80IB(10) must be computed based on habitable, enclosed areas, excluding ornamental or common spaces.
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