Bom HC holds courtyard can’t be included for 1500 Ft. defined in 80-IB(10)

In a recent decision dated 11.03.2014 rendered by Hon’ble Bombay High Court (Goa Bench) in the case of Commonwealth Developers has held that the area of Rear Courtyard which is open to sky but has only a boundary wall can not be included in built area limit of 1500 Sq. Ft. provided in Sec 80-IB(10) so as to qualify for said deduction. Interestingly, the ITAT was against the assessee on this issue.

The Hon’ble Court also relied upon decision in the case of GR Developers (Kar. HC) 209 Taxman 65 (2012) and also Mahalakshmi housing (Madras HC).

To read complete text of this judgement, click here Rear court Yard can not be included in 1500 Ft for 80-IB-Goa HC