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    <title>2019 (4) TMI 1850 - ITAT AHMEDABAD</title>
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    <description>Section 80IB(10) was discussed in relation to whether land ownership is a statutory condition, whether proportionate deduction can be denied because some units allegedly exceeded the built-up area limit, and how project-specific constraints affect unutilised FSI. The Tribunal accepted that land ownership alone does not defeat the claim where the assessee is the developer, treated the relevant residential units as eligible where the projects were distinct, and upheld deduction where layout and site constraints justified lower FSI utilisation. It remanded one project for fresh verification because the underutilisation appeared substantial. On section 263, revision was sustained because the assessment had not examined the taxability of profit from sale of unutilised FSI.</description>
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    <pubDate>Tue, 30 Apr 2019 00:00:00 +0530</pubDate>
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      <title>2019 (4) TMI 1850 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=287173</link>
      <description>Section 80IB(10) was discussed in relation to whether land ownership is a statutory condition, whether proportionate deduction can be denied because some units allegedly exceeded the built-up area limit, and how project-specific constraints affect unutilised FSI. The Tribunal accepted that land ownership alone does not defeat the claim where the assessee is the developer, treated the relevant residential units as eligible where the projects were distinct, and upheld deduction where layout and site constraints justified lower FSI utilisation. It remanded one project for fresh verification because the underutilisation appeared substantial. On section 263, revision was sustained because the assessment had not examined the taxability of profit from sale of unutilised FSI.</description>
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      <pubDate>Tue, 30 Apr 2019 00:00:00 +0530</pubDate>
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