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TMI Blog2017 (7) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the totality of the facts deem it appropriate to set aside this issue back to the file of the AO to be adjudicated afresh, in accordance with law after providing due and reasonable opportunity of being heard to the assessee. Appeal of assessee allowed for statistical purposes. - ITA No.5377/Del/2016 - - - Dated:- 13-2-2017 - N.K. SAINI, ACCOUNTANT MEMBER For The Appellant : Sh. Ved Jain, Adv Sh. Ashish Chaddha, Adv For The Respondent : Shri. Ramanjaneyulu, Sr. DR ORDER PER N . K . SAINI, A . M . : This is an appeal by the assessee against the order dated 13.7.2016 of CIT (A)-34, New Delhi. Following grounds have been raised in this appeal:- 1 . On the facts and circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rming the disallowance, despite the fact that the assessee fulfilled all the conditions to be eligible to get exemption under Section 54 of the Act . ( ii ) That the learned CIT ( A ) has erred in not adjudicating the issue that the disallowance was made by the AO by not construing the conditions laid down in Section 54 of the Act properly and confusing the same with the conditions under Section 54F of the Act . 2. From the above grounds, it would be clear that only grievance of the assessee relates to the confirmation of disallowance of ₹ 9,51,174/- by denying the exemption under section 54 of the Income Tax Act (hereinafter referred to as the Act). 3. Facts of the case in brief are that the assessee filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d open from four sides . The assessee was confronted with this fact of the case . The assessee vide letter dated 27 . 1 . 2014 admitted himself that his investment in purchase of property bearing no . 2 Lakkad Mandi, Shri Ganga Nagar, Rajasthan does not qualify the conditions laid down for the claiming deduction u / s 54 of I . T . Act, 1961 . 2. As per the provisions of section 54F ( 1 ) , the deduction u / s 54 is available if the assessee within a period of three years after the date on which the transfer took place constructed a residential house ( new asset ). The assessee claimed construction of residential house at 3 / 51, West Punjabi Bagh, Delhi and submitted that the construction was completed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on was completed by the year 2013. The learned CIT (A) also asked a report from the AO on the said certificate being additional evidence, however, no report was received. The learned CIT(A) observed that the assessee had not made his case as to why the said certificate if it was obtained on 27.1.2014 could not be filed till 31.1.2014 when the assessment order was passed. The learned CIT(A) also mentioned that no approved plan and completion certificate / occupation certificate from local authority had been submitted. He, therefore, sustained the addition made by the AO. Now, the assessee is in appeal. 4. We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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