assessee that there was
difference between terrace and balcony, where terrace was open to sky and was
common to all the residents. The Assessing Officer ... Representative for the assessee has also drawn distinction between
balcony and common terrace. We find merit in the plea of assessee and hold that
open
that the terrace provided
3
ITA No.2306/PUN/2017
to each of 40 flats as exclusively in that case the 'terrace area ... terrace of the immediately lower
flat. The terrace of the said 40 units is not available as a common terrace to the
other flat owners
common areas shared with
other residential units. On the strength of the aforesaid definition, the claim of
the Revenue is that the terraces in question ... terrace and such terraces are exclusively used by the respective unit
owners. In other words, as per the Revenue the projected terrace falls within
further contended
that a terrace can neither be a projection nor balcony as understood in
common parlance or otherwise. According to the assessee, a balcony ... also advocated by the appellant, by what
is commonly understood as built up area. As per common
understanding also, the built up area
wrongly included the area of the terraces
which are open to sky and which are top terraces which cannot
form part of the built ... walls
but does not include the common areas shared with other
residential units--Open terrace is open to sky and would
not be part
built up area. Thus the built up
area excluding common circulating area, balcony area and
terrace area etc. it works out to 70% of salable
brochure was inclusive of common areas, and the total
saleable area was shown including the terrace. The appellant has then cited
decisions regarding admission ... shown at 781 sq.ft. and
terrace at 75 sq.ft., and after combining the same (50% of terrace
area) the total saleable area arrived
Development shall share the constructed areas with
common areas such as staircase; open places, balconies,
landing, terrace together with the undivided share of land
terrace area is not for
exclusive use of any particular flat owner there will be no
difficulty because it would be treated as a common
ACIT, Central Circle,
Aurangabad. .. Appellant
Vs.
Ajeet Seeds Ltd.,
2nd Floor, Tapadiya Terraces,
Adalat Road,
Aurangabad. .. Respondent
Assessee by : Shri Sunil Ganoo
Department by : Shri ... these are being disposed off by a common order for the sake of
convenience.
2. In the A.Y. 2002-03 the Revenue has raised
