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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA, P.SAM KOSHY
Modi Builders and Realtors Pvt. Ltd. – Appellant
Versus
Asst. Commissioner of Income Tax, Hyderabad – Respondent
| Table of Content |
|---|
| 1. common judgment for multiple appeals. (Para 1 , 2 , 3 , 4) |
| 2. overview of the assessee's business and assessment details. (Para 5 , 6) |
| 3. legal question regarding definition of built-up area. (Para 7 , 8 , 9 , 10) |
| 4. interpretation of 'built-up area' as per section 80-ib. (Para 11 , 12) |
| 5. court's observations on the tribunal's errors. (Para 13 , 14) |
| 6. final determination on built-up area definition. (Para 15 , 16) |
| 7. appeal allowed; tribunal order set aside. (Para 17 , 18) |
JUDGMENT :
P. SAM KOSHY, J.
1. Since the issue arising in the instant batch of appeals is one and the same, we proceed to decide the instant appeals by way of this common judgment.
2. I.T.T.A.No.167 of 2012 is filed by the appellant herein under Section 260-A of the INCOME TAX ACT , 1961 assailing the order passed by the Income Tax Appellate Tribunal, Hyderabad “A” Bench in I.T.A.No.1458/Hyd/2011 for the Assessment Year 2008-09, dated 22.03.2012 (for short, ‘the impugned order’); I.T.T.A.No.229 of 2016 is filed by the appellant under Section 260-A of the INCOME TAX ACT , 1961 assailing the order passed by the Income Tax Appellate Tribunal, Hyderabad “A” Bench in I.T.A.No.1565/Hyd/2013 for the Assessmen
The definition of 'built-up area' under Section 80-IB excludes open terraces and porticos, affirming that deductions cannot apply if the total area exceeds stipulated limits.
The validity of an assessment under the Income Tax Act hinges on the lawful existence of the assessed entity at the time of the assessment, with deductions contingent upon definitions of habitable bu....
An open ramp for terrace parking is not included in the built-up area under the Kerala Building Rules, reflecting a purposive interpretation of parking regulations.
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