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2021 (9) TMI 994 - AT - Income TaxExemption of capital gain income u/s. 54 - investment in purchasing of three units of residential flats for total consideration - assessee had invested the sale consideration received on sale of immovable property in purchasing combined three adjacent flats as a residential house - scope amendment made in the section 54 of the act w.e.f. 1st April, 2015 - HELD THAT:- Assessee had invested the sale consideration received on sale of immovable property in purchasing combined three adjacent flats as a residential house. As per sale deed dated 17th June, 2014 on 18th July, 2014 the builder has issued allotment letter for single combined residential flat to the assessee. With the support of documentary evidences, the assessee has demonstrated that all the three units were not independent as there was single entry and exit and stated that it was one residential house. The assessee has also enclosed copy of allotment letter dated 17th July, 2014 in the paper book wherein the developer has stated that tailor made combined flats on the same floor was specifically constructed for the allottee and there shall be single entry and exit for the allottee and maintenance as per the society rules would be applicable in singular manner on the built up area of 3045 square feet. We find that issues and facts raised before the Tribunal in the case of the assessee are similar to the facts and issue adjudicated by the Co-ordinate Bench of the ITAT Ahmedabad in the case of Mohmmedanif Sultanali Pradhan [2020 (1) TMI 1489 - ITAT AHMEDABAD] as referred above. Therefore, it would not be appropriate for us to deviate from the view taken in the above case without pointing out any material change in facts and circumstances in the case of the assessee - Decided in favour of assessee.
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