9911796707
TMI Blog1983 (12) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee should have been granted exemption under s. 5(1)(iv) in respect of his half share in respect of two properties situated in Madhopuri being House No. B-VI-130 and B-VI-100. 2. The facts in the background of the issue are in short compass. The assessee owned half share in each of the two houses B-VI-130 and B-VI-100 situated in Madhopuri, former opening in Kucha No. 2 and the latter o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee Mr. Mohan Lal submitted that it is incorrect to say that the two properties are situated in different localities. Actually both the properties are situated Madhopuri. However, one of the opening is in Kucha No. 1 whereas the other is in Kucha No. 2. He however, submitted that the two properties were undoubtedly acquired in two lots and bear different municipal numbers but he vehemently a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirm the action of the AAC. There is no dispute about the fact that the two properties, though acquired separately in which the assessee held one half share each, were annexed wall to wall and have common Courtyard and rooms which indicated that the property is one and the same. There is also no dispute about the fact that the properties being long enough, though situated in Madhapuri having two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y at two stages by the assessee and other co-owners, being a property having common Courtyard and common walls and unity of structure, simply because came to acquire two municipal numbers and the two openings being in Kucha Nos. 1 and 2 would not become two residential houses for the purposes of exemption. The assessee, therefore, on the basis of the facts of the instant case is entitled to exempt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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