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TMI Blog2021 (5) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... tava, Sr. DR ORDER PER LALIET KUMAR, J.M.: This appeal by the assessee for the assessment year 2915-16 is directed against the order dated 18.09.2018 passed by ld. CIT(A), Aligarh, challenging the impugned order on the ground that the ld. CIT(A) while sustaining the disallowance of assessee's claim made u/s. 54/54F of the Act by Assessing Officer on the ground that the Long term capital gains e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowance on the premise that the legal position has changed w.e.f. 01.04.2015 and in section 54, phrase "a residential house" has been substituted by "one residential house in India". Aggrieved by the impugned order, the assessee is in appeal before us. 4. The ld. Counsel for the assessee submitted that the ld. CIT(A) while sustaining the disallowance failed to appreciate that the changed legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... through the material available on record. The only question to be adjudicated in the instant case is whether the assessee is entitled for deduction u/s. 54/54F of the Act in the attending circumstances of the case or not and whether the changed legal position of section 54, as noted by ld. CIT(A), is applicable in the assessment year under consideration or not. It is not in dispute that the amendm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Tribunal, following the ratio in CIT v. K.G. Rukminiamma (2011) 331 ITR 211 (Karn.)(HC), allowed the claim of assessee. In view of these decisions, we find no justification to discard the claim made by the assessee u/s. 54 of the Act in the present case. We are, therefore, not inclined to sustain the impugned order. 7. In the result, the appeal of the assessee is allowed. Order pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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