9911796707
TMI Blog2023 (9) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... ently, the Department filed Miscellaneous Petition by stating that ITAT, by order dated 21.10.2022 not adjudicated ground Nos. 2.1 & 2.2 and therefore, the order passed by the Tribunal was a mistake apparent on record and it has to be recalled to adjudicate the grounds. Accordingly, vide order in M.P. No. 187/Chny/2022 dated 17.05.2023, the Tribunal has recalled its order dated 21.10.2022 to adjudicate the issue. The grounds raised by the Revenue and which were not adjudicated by the Tribunal are reproduced as under: 2.1 The ld. CIT(A) erred in holding that Plot No. 6, Ganesh Nagar, Sholinganallur owned by the assessee was a vacant plot and not a residential property. 2.2 The ld. CIT(A) failed to consider the sale deed dated 4.7.2012 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the vacant land at Ganesh Nagar, Sholinganallur was actually not a vacant land and there is electric connection and also the assessee was receiving rental income and therefore, the Assessing Officer was of the view that it is also a house property. 4. The case of the assessee before the Assessing Officer as well as the ld. CIT(A) that there was no house at all in the property situated at Ganesh Nagar, Sholinganallur, whatever old building existing in dilapidated condition and submitted that since electricity meter exists, it cannot be said that it is a residential property. After considering the explanations of the assessee, the ld. CIT(A) has held that the assessee was having only one residential property at Padur village, Tiruporur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... units. The Ld. counsel for the assessee stated that this issue is decided by Hon'ble Madras High Court in the case of CIT vs. Gunmanmal Jain [2017] 80 taxmann.com 21 (Mds.), wherein it was held that amendment was made to s. 54F of the Act with regard to word "a" by Finance (No.2) Act, 2014 with effect only from 01.04.2015 withdrawing deduction for more than one flat (residential house). Prior to said amendment, a residential house would multiple flats/residential units. 7. In view of the above, we are of the view that the amendment in the provisions of s. 54(1) replacing the word "a residential house" by "one residential house" was brought in Finance (No.2) Act, 2014 w.e.f 01.04.2014 and will apply for A.Y 2015-16. The relevant assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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