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India - Income Tax Act 2010 - Saarc

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S. 80-IB I.T. ACT, 1961 1.474Explanation.—For the purposes of this clause,—(i) in a case where the approval in respect of the housing project isobtained more than once, such housing project shall be deemedto have been approved on the date on which the building plan ofsuch housing project is first approved by the local authority;(ii) the date of completion of construction of the housing project shallbe taken to be the date on which the completion certificate inrespect of such housing project is issued by the local authority;(b) the project is on the size of a plot of land which has a minimum areaof one acre:Provided that nothing contained in clause (a) or clause (b) shall applyto a housing project carried out in accordance with a scheme framedby the Central Government or a State Government for reconstructionor redevelopment of existing buildings in areas declared to be slumareas under any law for the time being in force and such scheme isnotified by the Board in this behalf;(c) the residential unit has a maximum built-up area of one thousandsquare feet where such residential unit is situated within the city ofDelhi or Mumbai or within twenty-five kilometres from the municipallimits of these cities and one thousand and five hundred square feetat any other place; 64 [***](d) the built-up area of the shops and other commercial establishmentsincluded in the housing project does not exceed 64a [three] per centof the aggregate built-up area of the housing project or 64b [fivethousand square feet, whichever is higher];]65[(e) not more than one residential unit in the housing project is allotted toany person not being an individual; and(f) in a case where a residential unit in the housing project is allotted toa person being an individual, no other residential unit in such housingproject is allotted to any of the following persons, namely:—(i) the individual or the spouse or the minor children of suchindividual,(ii) the Hindu undivided family in which such individual is thekarta,(Contd. from p. 1.473)(a) such undertaking has commenced or commences development and constructionof the housing project on or after the 1st day of October, 1998;(b) the project is on the size of a plot of land which has a minimum area of one acre;and(c) the residential unit has a maximum built-up area of one thousand square feet wheresuch residential unit is situated within the cities of Delhi or Mumbai or withintwenty-five kilometres from the municipal limits of these cities and one thousandand five hundred square feet at any other place.”62a. See Instruction No. 4/2009, dated 30-6-2009. For details, see <strong>Tax</strong>mann’s Master Guide to<strong>Income</strong>-tax <strong>Act</strong>.63. Substituted for “2007” by the Finance (No. 2) <strong>Act</strong>, 2009, w.r.e.f. 1-4-2009.63a. Inserted by the Finance <strong>Act</strong>, <strong>2010</strong>, w.e.f. 1-4-<strong>2010</strong>.64. Word “and” omitted by the Finance (No. 2) <strong>Act</strong>, 2009, w.e.f. 1-4-<strong>2010</strong>.64a. Substituted for “five” by the Finance <strong>Act</strong>, <strong>2010</strong>, w.e.f. 1-4-<strong>2010</strong>.64b. Substituted for “two thousand square feet, whichever is less”, ibid.65. Inserted by the Finance (No. 2) <strong>Act</strong>, 2009, w.e.f. 1-4-<strong>2010</strong>.

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