area (flower bed) and common wall
area in arriving at the eligible limit of 1000 sq.ft. of built up area of each flat ... area (flower bed) and 50% of common wall area for the purpose of
computing eligible area of 1000 sq. ft of built up area
saleable flats and 6 refuge flats as per the
following approved plan:
10 ITA 5183/Mum/2014
Number of flats Area ... built up area by enhancing the carpet area, @
10% on adhoc basis only to arrive at the built up area of flats
Prop. Total sq. ft.
Wing A. P. Khatiwala B. H. Khatiwala
Area Flat Area Flat Area Flat Area Flat ... assessee was to surrender her right to receive nine flats (area: 6588 sq. ft.) for
an agreed consideration of Rs.220.50 lacs, of which
sanctioned plan having less than 1500
sq.ft area. Therefore, the built up area of the flats in the project
is not disputed ... area which includes built up area plus the
common area and may be called as 'super built up area
flat as per the saleable area and not built-
up area. It was submitted that area of all the flats in building ... saleable area considering proportionate share of common
area and these sales are not based on "built-up area". The saleable area is
also
high density area and 2.5 meters for other areas. It was contended that the
area i.e. Bhayander Muncipal area, the place where the project ... some flat purchasers wanted bigger
flats due to various reasons, it was stated that they could purchase 2 flats of 1 BHK
adjacent flats
premise that the area of balcony is to be included in
the calculation of built-up area of the flats. In the impugned order ... calculating the built-up area. It is also clear that built-up area of none of the
flats is exceeding the limit
built-up area. The similar area is not taken into part of built-
up area by the same DVO in Flat No. B-303. Thus ... area and wall area will take care of it.
d) Service area; Next issue is relating to inclusion of service areas.
The service area
area 9,990 35
exceeding 1000 sq.ft. each [Not eligible for
deduction u/s.8IB(10)]
Total area of 312 flats having built ... itself has
stated in the return that 216 flats out of 528 flats have built up area exceeding 1000 sq.
ft each that
these flats are used as one flat or two
flats. He submitted that the assessee is not responsible if after purchasing
these two flats separately ... flat
under separate agreements, and the assessee has not sold two flats by
combining them together as one flat to one party, therefore, the area