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12. In the context of the above discussion, it
is observed that the assessee firm had not
undertaken the completion of the project in its
entirely as far as development and construction
of the utilizable FSI is concerned. The assessee
firm had total plot area of 9620 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 15392.40 @ 1.6
FSI. The assessee had constructed a housing
project by deploying construction of 3573.48 sq.
mtrs of FSI. Thus, the FSI of 3573.48 sq. mtrs.
Has been utilized for the construction of the
same, out of permissible FSI of 15392.40 sq.
mtrs. The profits ensuing from entire project
for the year as per the profit and loss account,
includes additional profit attributable to sale
of unutilised 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 unutilised FSI not relating to
development and construction undertaken shall not
become eligible for the said claim."