TMI Blog2018 (11) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose of allowing the deduction under section 54F in respect of the residential house no. 79, Vivek Vihar, Jagatpura, Jaipur. Accordingly, the AO has to adjudicate the issue after allowing an opportunity of hearing to the assessee. Resultantly, ground of the assessee’s appeal stands allowed for statistical purposes. - M.A. No. 139/JP/2018 And ITA No. 1100/JP/2016 - - - Dated:- 2-11-2018 - SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SINGH YADAV, AM For The Assessee : Shri P.C. Parwal (CA) For The Revenue : Shri A.S. Nehra (JCIT) ORDER PER VIJAY PAL RAO, JM : By way of this Miscellaneous Application the assessee is seeking rectification of mistake in the order of the Tribunal dated 13th September, 2018 to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n these three separate properties cannot be regarded as a single residential house in view of their locations at different parts of the city and two of which are only the plots of land, therefore, the decisions relied upon by the assessee will not help the case of the assessee so far as the treatment of three different properties as a single residential house. The ld. CIT (A) has considered this issue in para 3.3 as under :- 3.3. I have perused the facts of the case, the assessment order and the submissions of the appellant. As regards investments made under section 54F of the I.T. Act, 1961 the assessee has given a list of three properties in three different areas of Jaipur. The Assessing Officer held that the deduction was admis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of the assessee cannot be accepted. It is against the scheme and object of the section 54F of the Act which provides the deduction in respect of the investment made for purchase of residential house for assessee s own requirement. In view of the above facts and circumstances of the case, we do not find any error or illegality in the orders of the authorities below, qua this issue. Thus it is clear that the issue of eligibility of deduction under section 54F of the Act in respect of the investments made in more than one house was decided against the assessee and in favour of the revenue. However, in the ground no. 2.1 the assessee has also raised the issue that the deduction allowed by the AO in respect of investment in one house is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is is a matter of record and, therefore, there cannot be any dispute about the said expenditure. However, the other two claims of expenditure need a proper verification and examination. Accordingly, in the facts and circumstances of the case, we modify the impugned order and direct the AO to verify these claims of expenditures incurred in respect of construction of house, registration charges and payment to deed writer for the purpose of allowing the deduction under section 54F in respect of the residential house no. 79, Vivek Vihar, Jagatpura, Jaipur. Accordingly, the AO has to adjudicate the issue after allowing an opportunity of hearing to the assessee. Resultantly, ground no. 2.1 of the assessee s appeal stands allowed for statistical p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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