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TMI Blog2016 (8) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... or profession carried on by him. Thus whenever legislature desired that exclusion may apply only if property is self occupied, it was so provided. Significantly, in sub-clause(5), there is no such insistence and that it nowhere provides that only if such commercial complex is occupied by the owner then alone the exclusion shall take effect.. Question raised for consideration in the present appeals are answered in favour of the assessee - TAX APPEAL NO. 1947 of 2010 TO TAX APPEAL NO. 1948 of 2010 - - - Dated:- 18-7-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI, JJ. FOR THE APPELLANT : MR KM PARIKH, ADVOCATE FOR THE OPPONENT : MR MANISH J SHAH, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. Bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the respondent assessee has submitted that as such the issue involved in the present Tax Appeal is now not res integra in view of the decision of this Court in the case of Commissioner of Income-tax, Rajkot II vs. Vasumatiben Chhaganlal Virani reported in (2013) 37 taxmann.com 216 (Gujarat) wherein this Court has held as under. 6. The fact that the assessee was earning income from house property and offering the same to tax under the Income Tax Act, after claiming deduction as provided in section 24 of the said Act, is also of no consequence. 7. From the record we do not find how the Revenue tried to overcome the assessees contention that since the property does not belong to her as per section 4 of the Wealth Tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only if property is self occupied, it was so provided. Significantly, in sub-clause(5), there is no such insistence and that it nowhere provides that only if such commercial complex is occupied by the owner then alone the exclusion shall take effect. 6. Mr. K.M. Parikh, learned Counsel has appeared on behalf of the Department. He is not in a position to dispute the above and is not in a position to show and/or point out any contrary decision. 7. Having heard Mr. Parikh, learned advocate appearing on behalf of the Department and Mr. Shah, learned advocate appearing on behalf of the assessee and the question posed for consideration by us reproduced hereinabove and considering the decision of this Court in the case of Vasumatiben Chhaga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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