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2015 (3) TMI 1420 - AT - Income TaxDisallowance u/s 54F - Partial addition on the alleged ground that the appellant has invested the part of the capital gain towards the construction of residential house of which the land is owned by her spouse - HELD THAT:- As purpose of section 54F is that new residential house need not be purchased by the assessee in her own name. In the present case, the assessee has constructed a house on a plot owned by her husband and therefore, entire investment having come out of sale proceeds of the plot sold by the assessee and not from anywhere else. The assessee’s case is covered by the decision in the case of CIT vs. Kamal Wahal [2013 (1) TMI 401 - DELHI HIGH COURT] and CIT vs. Ravinder Kumar Arora [2011 (9) TMI 343 - DELHI HIGH COURT] which has been dealt in the case of CIT vs. Kamal Wahal (supra) and decision of the Hon’ble Punjab & Haryana High Court, in the case of CIT vs.Gurnam Singh [2008 (4) TMI 28 - PUNJAB AND HARYANA HIGH COURT] In view of the above discussion, the ld. CIT(A) is not justified in not allowing the claim of the assessee. Accordingly, the order of the ld. CIT(A) is reversed and the AO is directed to allow the claim of the assessee. Thus, the sole ground taken by the assessee is allowed.
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