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2016 (9) TMI 385 - AT - Income TaxClaim for exemption u/s. 54F denied - construction of swimming pool - Held that:- The assessee has invested in construction of swimming pool and lawn adjacent to the existing House property constructed in the year 2003 and the construction was confirmed by the independent enquiry report of Inspector of Income Tax referred in assessment order. The ld. Authorised Representative could not controvert the finding of the ld. Assessing Officer and relied only on the principles of construction of property on plot adjacent to the Residential House as construction on land apparent to the building. We are not convinced by the arguments put forth on the logical aspects of construction of swimming pool within the definition of Residential House. Considering the apparent facts, materials on record and legal decisions, the assessee though undertakes the construction on the apparent land. But construction works shall not qualify for treating as ‘’Residential Property’’ and the ld. Commissioner of Income Tax (Appeals) dealt on the disputed issue. We are of the opinion that the assessee is not eligible for exemption u/s. 54F of the Act for construction of swimming pool and we uphold the order of the Commissioner of Income Tax (Appeals) - Decided against assessee
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