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2011 (1) TMI 551

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..... or could not have narrated the purchase of two premises as one unit in the sale deed could not have made any difference - An asset newly acquired after the sale of the original asset can also be buildings or lands appurtenant thereto, which also should be ‘a residential house - The evidence on record also discloses that the two units are situated side by side, modification were made, the door was .....

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..... utilized the sale consideration for the purchase of two flats situated at Nos. 903 and 904, Poorva Atria, Sanjay Nagar, RMV II Stage, Bangalore. The assessee filed a return of income for the assessment year 2006-07 declaring a sum of Rs. 8,60,069. The assessee claimed that she was entitled to exemption under sections 54 and 54F of the Income-tax Act in respect of the sale proceeds. 3. The Assess .....

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..... hem one unit by opening the door in-between the two apartments. The fact that the assessee could have purchased both the flats in one single sale deed or could not have narrated the purchase of two premises as one unit in the sale deed could not have made any difference. This Court in the case of CIT v. Smt. K.G. Rukminiamma [2011] 196 Taxman 87/[2010] 8 taxmann.com 121 dealing with a similar situ .....

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..... buildings and lands and therefore, the singular a residential house' also permits use of plural by virtue of section 13(2) of the General Clauses Act. In fact, this is the view taken by this Court in the earlier case also. Therefore, merely because the assessee purchased two units, it cannot be said that the assessee is not entitled to the benefit of section 54. The evidence on record also di .....

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