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2019 (6) TMI 391 - AT - Income TaxDeduction u/s. 54F - denied on the ground that on the date of transfer assessee has more than one residential house - whether the property at Bohri (Borari), Mumbai, i.e., the residential quarter on land measuring 1 Kanal 3 Marlas owned by the assessee, was a residential house as on the date of transfer - HELD THAT:- The burden to prove his claim u/s. 54F, is though on the assessee, as well as to meet the evidence gathered or sought to be relied upon by the Revenue. The remission would also meet the assessee’s claim of having not been allowed a reasonable opportunity, raised before us per lengthy grounds of appeal, even as he has before us been unable to state or point out any evidence which he wishes to rely upon (or to meet the Revenue’s reliance on the Inspector’s Report), though could not for want of opportunity. There is no application for admission of additional evidence before the first appellate authority, or even a prayer for admission of additional evidence before us, so that, as we understand, the grievance could only extend to being unable to explain the evidence being relied upon by the Revenue. AO shall decide on the basis of the material on record, issuing definite findings of fact consistent therewith, taking into account the totality of the facts and circumstances, and after allowing the assessee a reasonable opportunity of being heard, and which he shall do in a time-bound manner. Sure, he is to decide the legal issue/s afore-referred as well, i.e., where the same arises in the facts and circumstances of the case. Needless to add, the assessee, on whom the primary burden to prove lies, shall cooperate in the said proceedings. The issue being principally factual, has in any case to be decided on the basis and strength of the evidences, for and against, and not on the basis of presumptions, with the assessee in any case bound to cooperate in the set aside proceedings. We decide accordingly. - Revenue’s appeal is allowed for statistical purposes.
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