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2017 (7) TMI 730 - AT - Income TaxDenying exemption under section 54 - whether owing more than one residential house was relevant to exemption/reduction u/s 54(F) and not u/s 54 - Held that:- In the present case, it appears that the assessee claimed the exemption u/s 54 of the Act and not u/s 54(F) of the Act. It is also noticed that the certificate from the architect mentioning the period of completion of construction was furnished by the assessee as an additional evidence before the learned CIT(A) who had not rejected the same and asked the remand report from the AO. However, the impugned order was passed without waiting for the remand report from the AO. Therefore, considering the totality of the facts deem it appropriate to set aside this issue back to the file of the AO to be adjudicated afresh, in accordance with law after providing due and reasonable opportunity of being heard to the assessee. Appeal of assessee allowed for statistical purposes.
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