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TMI Blog2015 (1) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... n that the assessee has not placed on record the approved building plan from the Municipal Corporation. The assessee has admitted the fact that the new residential house has been constructed without the approval of the Municipal Corporation. The provisions of section 54F mandates the construction of a residential house, within the period specified. However, there is no condition that the building plan of the residential house constructed should be approved by the Municipal Corporation or any other competent authority. If any person constructs a house without approval of building plan, he will be raising construction at his own risk and cost. As far as for availing exemption u/s.54F, approval of building plan is not necessary. The approv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2009. Thereafter, the assessee filed second appeal before the Tribunal. The Tribunal in ITA No.550/Mds/2009, vide order dated 04-09-2009 set aside the order of the authorities below and remitted the matter back to the Assessing Officer to decide the same afresh after verifying and examining the nature of construction i.e., whether it is a case of reconstruction after demolition or renovation and extension of existing house. 3. In the second innings, the Assessing Officer held that the assessee has failed to produce evidence to show that it is not renovation but construction of a new house, the assessee cannot claim the benefit of exemption u/s.54F of the Act. The Assessing Officer vide order dated 18-01-2010 passed u/s.143(3) r.w.s.254, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 07 from the office of the Commissioner of Salem Corporation. The ld.Counsel further placed on record a copy of the building plan as well as estimation for the new construction after demolishing of the walls and roofs of the existing building. 5. On the other hand, Shri T.N. Betgeri, appearing on behalf of the Revenue submitted that the assessee has miserably failed to place on record any document to show that the assessee has undertaken construction of a new residential house. The Assessing Officer has categorically stated that the assessee has failed to produce approved building plan from the Municipal Corporation of Salem. The ld.DR contended that at the best it can be a case of renovation for which the assessee is not eligible to clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for the construction of a new house of demolition of the existing building. Reliance cannot be placed on the building plan as it is not approved by any statutory authority. However, the fact that the assessee has constructed a new house is proved by the interim order issued by the Corporation of Salem wherein it has been stated that the assessee has put up a new construction without permission of the Commissioner, Salem Corporation. The provisions of section 54F mandates the construction of a residential house, within the period specified. However, there is no condition that the building plan of the residential house constructed should be approved by the Municipal Corporation or any other competent authority. If any person construct ..... X X X X Extracts X X X X X X X X Extracts X X X X
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