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2015 (10) TMI 85 - HC - Income TaxExemption in respect of both the residential unit under section 54F - ITAT allowed the claim relying on the decision of the Special Bench of the ITAT in the case of Ms.Sushila M.Jhaveri (2007 (4) TMI 289 - ITAT BOMBAY-I) - Held that:- The fact that only one kitchen was functional in the house was itself an indication of the fact that both the flats are being used as one residential unit. The Special Bench of the Tribunal in the case of Ms.Sushila M.Jhaveri (supra) has held that where an assessee had purchased two independent flats and converted into one that by itself would not deprive the respondent-assessee the benefit of Section 54F of the Act. We find that the view taken by the impugned order on facts is a possible view and nothing has been shown to us to hold that view of the Tribunal is perverse or arbitrary. Thus, no substantial question of law arises for our consideration. - Decided against revenue.
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