TMI Blog2014 (1) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... n under Section 54F of the Act - The orders by the lower Authorities are based on the report submitted by the Inspector who visited the place three years after the sale - Decided against Revenue. - I.T.A. No.109/2013 - - - Dated:- 18-11-2013 - N Kumar And Rathnakala, JJ. For the Appellant : Sri. Kamaladhar, G, Adv For the Respondent : Sri. S Parthasarathi, Adv JUDGEMENT:- PER : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eved by the said order, the assessee preferred an appeal to the Commissioner of Income Tax (Appeals)-II, Bangalore, who dismissed the appeal by order dated 01.12.2011. Aggrieved by the said order, the assessee preferred an appeal to the Tribunal. The Tribunal, on reappreciation of the entire material on record held, the sale deed under which the assessee purchased the property clearly describes th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hbor is collected and acted on the said report without proper verification. Therefore, the Tribunal was of the view the material on record shows the assessee purchased a house with a site, subsequently, he has demolished it. He is in the process of putting up a construction. In the meanwhile, he has accommodated his neighbor to keep his building material by permitting a watchman to live there by p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders by the lower Authorities are based on the report submitted by the Inspector who visited the place three years after the sale. On the day he inspected, there was a shed constructed for living of the watchman and to store the building material of the neighbor of the assessee who was putting up a construction. That is not the building, which is referred to in the sale deed. On the day the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave to look into is, whether what is purchased is a residential construction or not? If the material on record shows, prior to sale, the vendor lived there with his family and he has sold the site along with the residential construction, merely because the property is not suitable to the assessee and construction material are kept there, is not a ground to deny exemption under Section 54F of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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