having residential units with commercial user to the
extent permitted under DC Rules/Regulations framed by the respective local
authority.
b) In such a case ... local authority is within the limits prescribed under the DC Rules/
Regulation, the deduction under Section 80IB(10) upto 31/3/2005 would be
allowable
having
residential units with commercial user to the
extent permitted under DC Rules/Regulations
framed by the respective local authority.
b) In such a case ... local authority is within the
limits prescribed under the DC Rules/
Regulation, the deduction under Section
80IB(10) upto 31/3/2005 would be allowable
agreement the D.C Rules
indeed changed. Fungible FSI came to be provided under
Rule 35(4) of the DC Rules to the extent ... carpet area or to the entitlement
under the new DC Rules 35(4) relating to fungible
compensatory FSI.
9. Counsel on behalf of the defendant
housing project was dependent on the provisions of
the relevant DC Rules. For such projects, which were
commenced and completed within the specified time ... decided and dependent by the provisions of the relevant
DC Rules. In contrast, the judgment in Reliance Jute and
Industries Ltd. (supra) was concerned with
having residential units with commercial
user to the extent permitted under DC Rules/
Regulations framed by the respective local
authority.
b) In such a case ... local authority is within the
limits prescribed under the DC Rules/ Regulation,
the deduction under Section 80IB(10) upto 31/3/2005
would be allowable
indicating that as per the area statement
and as per sanctioned DC Rules, the balance FSI in respect of the
entire plot
Drugs and Cosmetics Rules, 1945. (Hereinafter
referred to as the 'DC Rules' for brevity). The said Act and
Rules only provide ... license to manufacture
a drug as contemplated under Chapter IV of the DC Act, is
entitled to export the drugs after fulfilling the requirements
total
construction as commercial premises under the Development Control
Rules (DC Rules) of the MMC was separately considered.
5. The commercial construction has far exceeded
project with residential and
commercial user to the extent permitted under DC Rules would be a
"housing project" and eligible for deduction ... built up area
has to be considered as per DC rules according to which the area
worked out to be 1471 sq. ft. ie. below
present case, the
commercial user is allowed in accordance with the
DC Rules and hence the assessee was entitled to
Section 80-IB(10) deduction
