Income Tax - Deduction for Developing and building a housing project
AS per Section 35AD of the Income Tax Act, “an assessee shall be allowed a deduction in respect of the whole of any expenditure of capital nature incurred, wholly and exclusively, for the purpose of any specified business carried on by him during the previous year in which such expenditure is incurred by him:”
As per sub-clause (vii) of clause (c) of sub-section (8) of section 35AD of the income Tax Act, inserted with effect from 01.04.2012, by the Finance Act, 2011, specified business means,
"Developing and building a housing project under a scheme for affordable housing framed by the Central Government or a State Government, as the case may be, and notified by the Board in this behalf in accordance with the guidelines as may be prescribed;"
Therefore, the Board is required to notify the scheme and prescribe the guidelines. Board has now prescribed the guidelines:
A project shall be considered for notification if it fulfils all of the following conditions, namely:-
(a) the project shall have prior sanction of the competent authority empowered under the Scheme of Affordable Housing in Partnership framed by the Ministry of Housing and Urban Poverty Alleviation, Government of India;
(b) the date of commencement of operations of the project shall be on or after the 1st day of April 2011;
(c) the project shall be on a plot of land which has a minimum area of one acre;
(d) at least thirty per cent, of the total allocable rentable area of the project shall comprise of affordable housing units of EWS category;
(e) at least sixty per cent of the total allocable rentable area of the project shall comprise of affordable housing units of EWS and LIG categories;
(f) at least ninety per cent of the total allocable rentable area of the project shall comprise of affordable housing units of EWS, LIG and MIG categories;
(g) the remaining ten per cent or less of the total allocable rentable area of the project may comprise of other residential or commercial units;
(h) the layout and specifications including design of the project to be developed and built shall be approved by the State or Union territory Government or its designated implementing agency;
(i) the project shall be completed within a period of five years from the end of the financial year in which the project is sanctioned by the competent authority empowered under the Scheme of Affordable Housing in Partnership framed by the Ministry of Housing and Urban Poverty Alleviation, Government of India.
CBDT Notification No. 1/2012 Dated: January 02, 2012