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2014 (2) TMI 84 - AT - Income TaxRe-opening of assessment – Held that:- The assessee had accepted the reasons for reopening and agreed for completion of the assessment before the assessing officer as evidenced from the observations made by the assessing officer – now, he cannot re- agitate the matter once again either before the CIT(A) or before the ITAT – order of the CIT(A) upheld. Claim of exemption u/s 54 of the Act – Building fit for human habitation or not - Held that:- From the above report it appears that work relating to construction of lawn in front of the house was in progress - The entire work appears to be completed within 10 to 20 days - The Architect has also given certificate with regard to the completion of the building - However, there is no finding by both the authorities below as to whether the building was fit for human habitation or not - it is necessary to examine whether the construction completed within the specified period is fit for human habitation or not - Since lower authorities have not examined and recorded finding to this effect, thus,the matter needs to be reconsidered – order set aside and the matter remitted back to the AO for fresh adjudication – Decided in favour of Assessee.
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