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2018 (1) TMI 1303 - ITAT JAIPURDisallowing claim u/s 54F - the property on which the assessee claimed to have constructed house is owned by the mother of the assessee and not by the assessee - Held that:- As regards the property is owned by the mother of the assessee we are of the view that if the assessee has constructed a new on the plot of land which is owned by the mother of the assessee then, the investment made by the assessee in construction of new house is eligible for deduction u/s 54F. A residential house is not a personal effects but it is meant for residential purpose of the family. Therefore, the investment made by the assessee for purchase or construction of house even in the name of the mother is eligible for deduction u/s 54F as held in case of CIT vs. Kamal Wahal (2013 (1) TMI 401 - DELHI HIGH COURT). Thus merely because the new house is constructed on a plot of land owned by the mother of the assessee will not disentitle the assesee for claim of deduction u/s 54F Whether it is a construction of new house after demolition of the existing house or it is only a renovation work carried out by the assessee ? - Held that:- To ascertain whether the assessee has constructed a new house or only renovated the existing house a proper investigation and enquiry is required to be conducted by physical verification of the property as well as the experts opinion may also be taken in this respect because the alleged demolition and reconstruction is without any permission from the Municipal Corporation.In the absence of sanctioned site plan or completion certificate the evidence produce by the assessee cannot be considered as conclusive proof to establish the nature of construction carried out by the assessee at the property in question. According, in the facts and circumstances of the case, we set aside this issue to the record of the Assessing officer for proper verification and investigation - Decided partly in favour of assessee.
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