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TMI Blog2014 (5) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... et not being a residential house and the assessee has, within a period of one year before or two years after the date on which the transfer takes place, purchases or, has within a period of three years after that date constructed a residential house, the capital gain will not be charged to the extent of cost of new asset if the entire net consideration is invested or proportionate to the extent of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the CIT(A) in respect of the above assessees for assessment year 2008-09. The ground in all these appeals is common in nature and as such these four appeals are clubbed and heard together and are being disposed of by this common order for the sake of convenience. 2. The grievance of the assessees in these appeals is with regard to non-granting of deduction u/s. 54F of the Income-tax Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ests the utilisation of consideration received on sale of property invested in construction of the building and requested to give direction to the Assessing Officer to examine the issue afresh. He also filed a copy of building plan having Ref. No. 129/09 in respect of property at H. No. 166 situated Narsingi village and Gram Panchayat, Rajendranagar Mandal, R.R. District in the name of Mohd. Imamu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditions laid down u/s. 54F are fulfilled the assessee is entitled for deduction u/s. 54F. Accordingly, the onus is on the assessees to prove that the claim made by them u/s. 54F is in accordance with law. In view of this, considering the arguments of the assessees counsel, as there is lack of enquiry from the side of the Assessing Officer in the interest of justice, we remit back the issue to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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