TMI Blog2010 (12) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... n of law arises - appeal is dismissed - IT Appeal No. 613 of 2010 - - - Dated:- 13-12-2010 - ADARSH KUMAR GOEL, AJAY KUMAR MITTAL,JJ. Appellant Representend by:Mr. Akshay Bhan ADARSH KUMAR GOEL, J. 1. This appeal has been preferred by the assessee under Section 260-A of the Income Tax Act, 1961 (for short, "the Act") against the order of the Income Tax Appellate Tribunal, New Delhi dated 17.12.2009 in I.T.A. No.2416/Del/2008 for the assessment year 2005-06 proposing to raise following substantial questions of law:- (i) "Whether in facts and circumstances of the case, the action of the authorities below in rejecting the claim of the assessee when all the conditions under section 54 of the Act have been fulfilled is legally su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pendent residential houses situated at different locations; one is in Dilshad Colony, Delhi and the other is in Faridabad. The assessee in the Special Bench case had also purchased two residential houses against sale consideration of residential flat at'Gulistan' situated at Bhulabai Desai Road, Mumbai. One residential property was at Varun Apartments atVarsova and the other property was at ErlynApartments, Bandra and it was held by the Special bench in the aforementioned case i.e. ITO Vs. Ms.Sushila M. Jhaveri (supra) that the assessee isentitled to get exemption only in respect of one house of her choice. Therefore, the decision of Special Bench is fully applicable to the present case and theassessee can avail exemption u/s 54 in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the flats in one single sale deed or could be narrated the purchase of two premises as one unit in the sale deed is not the ground to hold that theassessee had no intention to purchase two flats as one unit. From these observations of Hon'ble High Court, it is clear that while rendering the decision they have kept in mind that the purchase of two flats in the same building which were united for living of theassessee by making necessary modifications made the residential unit as one and, thus, that case could not be applied to the facts of the case of theassessee........." 3. We have heard learned counsel for the appellant. 4. As regards claim for exemption against acquisition of two houses under Section 54 of the Act, the same is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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