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Showing contexts for: common plot in Income Tax Officer,Ward-2(3),, Baroda vs Nirman Developers, Baroda on 29 November, 2016Matching Fragments
4. It was also observed that the assessee firm had not undertaken the completion of the project in its entirety as far as development and construction of he utilizable FSI is concerned. The assessee firm had total plot area of 23764 sq. mtrs for development, after reduction on account of common plot and roads etc. Thus, it was eligible to construct super built up area of 34219 sq. mtrs. @ 1.6 FSI. The assessee had constructed the housing project by depoying Income tax Officer vs. Nirman Developers Asst.Year -2009-2010 construction of 7879 sq mtrs of FSI. Thus, the FSI of 7879 sq mtrs has been utilized for the construction of the same, out of permissible FSI of 34219 sq. mtrs. The profits ensuring from entire project for the year as per the profit and loss account, includes additional profit attributable to sale of unutilized FSI has also been booked by the assessee firm. Since the eligible profits for claim of deduction u/s 80IB(10) can only relate to those from the project of development and construction, the profits attributable to the sale of unutilized FSI not relating to development and construction undertaken shall not become eligible for the said claim.