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Deduction of 100% profits to Affordable Housing Projects u/s 80IBA

Budget 2016 : Deduction of 100% profits to Affordable Housing Projects u/s 80IBA

 

Section 80IBA is proposed to be inserted in Income Tax Act, which governs the deduction of 100% profits from affordable housing projects.

 

Following are the proposed provisions of the same.

 

Conditions to be satisfied by such housing projects

 

The housing project must satisfy the following conditions to claim benefit under this section.

 

  1. The project must be approved by competent authority after 01-06-2016 but on or before 31-03-2019.

 

  • Where the approval in respect of a housing project is obtained more than once, the date of first approval should be taken as the date of approval of the project.

 

  1. The project must be completed within a period of three years from the date of approval by the competent authority

 

  • The project will be deemed to be completed where certificate of completion in obtained from competent authority in writing.

 

  1. The shops and commercial built up area cannot exceed 3% of total built up area of the project.

 

  1. The minimum area of project land should be;

 

  • In case of metro cities   :               1000 Sq Meters or more
  • In other cities                 :               2000 Sq Meters of more

 

  1. The project should be located ;

 

  • In case of metro cities :               within the area of 25 kilometres of the municipal limits of these cities
  • In case of other cities :               within the jurisdiction of municipality or cantonment board.

 

  1. The carpet area Residential units in the housing project should not exceed;

 

  • In case of metro cities :               30 Sq Meter (322.91 Sq Feet)
  • In other cities              :               60 Sq Meter (645.83 Sq Feet)

 

  1. If an individual is allotted a residential unit in the project, no other unit should be allotted to the;

 

  • same individual
  • spouse of the individual
  • minor children of such individual

 

  1. The project should utilise the FAR

 

  • In case of metro cities :               Not less than 90%
  • In other cities              :               Not less than 80%

 

  1. Separate books to be maintained for such project.

 

  1. If the project is not completed within 3 years from the date of approval, the profits which were allowed as deduction under this section shall be deemed to profits of the year in which such time limit of completion expires.

Amit Mundhra FCA

 

 

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8 Responsesso far.

  1. Item No.6 above, the area is not carpet area in the bill. It is built up area of the floor including wall thickness. If it is including wall thickness then it is called built up area. This doesnot include the common terraces/balconies shared by two or more units. It is not carpet area it is built up area only. Please clarify.

  2. HARDIK PARMAR says:

    SIR,CAN RESIDENTIAL UNIT IN THE HOUSING PROJECT IS ALLOTTED TO PVT LTD CO. MORE THEN ONE SINCE NOT ALLOWED MORE THAN ONE TO INDIVIDUAL,spouse& children of the same & it consequences if allotted.

  3. Punit Girgalani says:

    Hello sir,
    What if 60% project is under affordable housing scheme and 40% project exceeds the limit. Will i be able to take benefit of 80IBA ?
    Ex. i want to develope area of 14000 sqm. out of which in 60% of area which mean in 8500 sqm area i am going to build affordable houses comprising all rules of affordable housing scheme and in 40% area which means 5500 sqm i am building larger houses. So in this case am i liable to benefit of 80IBA to profit earned from affordable houses ?
    Or i will have to show 2 projects separately ? if i do so, i will have to change planning and which doesn’t look good if we look from house honour’s point of view.

    Please provide accurate guidance on this.

    Regards,
    Punit Girgalani

  4. Amit says:

    Hi

    Some doubts

    1) whether more then one plot can be utilised
    ( in same layout ) to make it 2000 sq mtr ??

    2) whether any other tax is applicable to us .. Ex MAT ??

    3) whether commercial property in the building scheme is also exempted from income tax ??
    (Construction of @ 3% of building scheme is permitted )

    4) whether row house or duplex or independent small bungalows are permitted in this scheme

  5. Parvesh says:

    Whether exemption under this section can avail along with Sec 35AD

  6. dhanesh kakaria says:

    Please clarify on sec 80IBA (2) (b) (i) :
    If the land has been previously approved as NA with a dummy building Plan with the intention just to convert the status of land from agriculture to NA (non agriculture) from town planning/collectorate office and the commencement certificate has been holded and not been prepared in muncipalty.
    then,
    in such case- will the above approval date be considered as deemed approval date
    or
    the fresh date on which we obtain a commencement certificate with building plan meeting the requirement of section 80IBA would be considered as first approval.

  7. Hitesh Bhanushali says:

    Is MAT applicable on the profits in affordable housing project under 80IB scheme?

  8. CA TUSHAR DESARDA says:

    Which form has to be filled while uploading income tax return to claim deduction U/S 80IBA??

    what is the due date of filling form for deduction

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