2012 (3) TMI 615

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.... estate business in the name and style of SJR Builders. It undertook construction in the name of 'SJR Eastwood' and multistorey residential project in the name of 'SJR residential' projects were in the initial stage. The Plan of said project was sactioned on 18.10.2003. Later, it was modified on 01.06.2004. In all, They constructed 152 flats, out of which 116 flats was the developer's share and 36 flats was the owner's share. In 152 flats, 8 flats consists of mezzanine floor. However, separate sale deeds were executed in respect of mezzanine floor and flats in respect of the very same purchaser. Admittedly, all these flat totally measured less than 1500 sq. ft. per unit. The total area in which this project was undertaken is 3.38 acres. The....

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....unsel for the assessee submitted that on the day plan was sactioned and up to 01.04.2005, in view of the interpretation of the building regulation, the balcony was not to be included for the built up area for the purpose of calculation 1500 sq. ft. The authorities by including the balcony area have come to the conclusion that the built up area is more than 1500 sq. ft. it is ex-facie incorrect similarly, prior to 01.04.2009, there was not prohibiting for a person to purchase two flats in the said project. Nodoubt, the total constructed area is more than 1500 sq. ft, but the mezzanine floors as such are registered under a separate sale deed and the flat is registered under a separate sale deed, The Total measurement in each of the sale deeds....