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TMI Blog2020 (2) TMI 1524X X X X Extracts X X X X X X X X Extracts X X X X ..... dl. CIT ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal has been filed by assessee against order dated 20/09/2018 passed by Ld. CIT(A)-9, Bangalore for assessment year 2006-07 on following grounds of appeal: Brief facts of the case are as under: 2. Assessee is an individual represented by legal representative. She did not file her return of income for year under consideration. Ld.AO o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was issued. As there was no response, Ld.AO passed order under section 144 of the Act, by computing long term capital gains in the hands of assessee at Rs. 2,38,93,444/-. Ld.AO also denied benefit under section 54F of the Act claimed by assessee by holding that assessee had more than one residential house as on the date of transfer. 3. Aggrieved by order of Ld.AO, assessee preferred appeal befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is general in nature and therefore do not require any adjudication. He submitted that, Ground No.2-3 are not pressed at the instructions of assessee. Accordingly, these grounds are dismissed as not pressed. Ld.AR argued on Ground No.6 being the claim denied under section 54F. He placed reliance upon: * decision of Hon'ble Karnataka High Court in case of Anand Basappa reported in 309 ITR 329 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed along with 35% of car parking and 35% of terrace and garden rights earmarked for private use as against common use in consideration for transferring 65% of undivided interest. Assessee claimed exemption under section 54F on the value of the 35% of constructed area which was denied by Ld. AO and confirmed by Ld. CIT(A). Before us assessee urges that, she is eligible for exemption under section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 54F of the act in respect of 35% of constructed property received by her. Accordingly, this ground raised by assessee stands allowed. Ground Nos. 4-5, now becomes academic in nature and therefore do not require adjudication. Ground No.7 is consequential and Ground No.8 is general in nature. In the result, appeal filed by assessee stands partly allowed. Order pronounced in the open court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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