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3. Further, it was observed that assessee submitted details containing saleable area and carpet area in respect of each flat. On going through the same, it was noticed that the area of each flat was more than 1000 sq. ft. and the corresponding carpet area was less than 1000 sq. ft. and the built-up area was not given. Obviously, the deduction was allowed on the basis of carpet area which is incorrect because the provisions of the Act clearly mentions that the deduction had to be allowed to only those projects wherein built-up area of each flat should not be more than 1000 sq.ft. Therefore, the deduction has to be allowed on the basis of built-up area and not on the basis of loading on carpet area to determine saleable area which works out 45% as shown below:-

Flat No. Saleable Area Carpet Area Loading (%) 203 1275 875 45.7 303 1275 875 45.7 3 of 12

6. os wp 3339-18.doc 201 1250 866 44.34 401 1250 866 44.34 Considering the above facts, the assessee had failed to fulfill the conditions laid down in section 80-IB(10) so as to be eligible for the said project.

10. Additionally, we find that the objections with respect to not providing built up area details and breach of clause (f) to Section 80-IB(10) of the Act are unsustainable factually and legally respectively. The assessee had provided full details including built up area of the flats sold contrary to what the Assessing Officer had asserted in the reasons recorded. Further, the clause (f) of Section 80-IB(10) of the Act would apply in case of allotment to an individual as the Section itself clearly provides which is not a case in the present case.