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    <title>2012 (12) TMI 84 - MADRAS HIGH COURT</title>
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    <description>Deduction under Section 80IB(10) is available to a real developer or builder even without land ownership, where the assessee undertakes the project risk and construction activity rather than acting as a mere works contractor. Completion is tested by factual completion within the statutory period and certification by the competent local authority; a later certificate from another authority does not defeat the claim if the project was completed in time. The benefit cannot be denied in toto merely because some residential units exceed the prescribed built-up area, and open or private terrace area is not to be included in built-up area for that purpose. Proportionate relief may remain available for compliant units.</description>
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      <link>https://www.taxtmi.com/caselaws?id=219069</link>
      <description>Deduction under Section 80IB(10) is available to a real developer or builder even without land ownership, where the assessee undertakes the project risk and construction activity rather than acting as a mere works contractor. Completion is tested by factual completion within the statutory period and certification by the competent local authority; a later certificate from another authority does not defeat the claim if the project was completed in time. The benefit cannot be denied in toto merely because some residential units exceed the prescribed built-up area, and open or private terrace area is not to be included in built-up area for that purpose. Proportionate relief may remain available for compliant units.</description>
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