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TMI Blog2019 (11) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... records of Municipal Corporation. All these facts are sufficient to show that for all practical purposes, the assessee is the owner of the said houses, and therefore, is not entitled to claim exemption u/s.54F. It is therefore held that the exemption u/s.54F has been rightly denied by the AO. The addition made is therefore confirmed and all grounds related to this issue are dismissed. Appeal filed by the assessee is dismissed. - ITA No. 164/VIZ/2018 - - - Dated:- 12-6-2019 - Shri V. Durga Rao, Hon ble Judicial Member And Shri D.S. Sunder Singh, Hon ble Accountant Member For the Assessee : Shri C. Subrahmanyam, FCA. For the Department : Smt. Suman Malik, Sr.DR ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor furnished any information. The Assessing Officer on verification of the statement of income furnished along with the return of income, it is noticed that the assessee has admitted house property at ₹ 2,49,696/- from properties situated at D.Nos. 4-6-31 4-17-9 (two houses) apart from, D.No. 85-10-11, Srinagar Colony, Rajahmundry mentioned in the return of income and claimed municipal taxes of ₹ 20,006/-. The assessee also furnished evidences for payment of municipal taxes in his name issued by the Commissioner, Rajahmundry Municipal Corporation. Therefore, the Assessing Officer came to a conclusion that the assessee is having more than one residential house other than the new asset on the date of transfer and issued notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence to support his claim that he is having only one house and two separate door numbers that apart from, he is not able to establish another aspect that the houses are in the name of his mother. Therefore, the Assessing Officer has denied the claim made under section 54F of the Act that on the date of transfer, the assessee is having more than one house, therefore he is not eligible for claim of section 54F. On appeal, ld. CIT(A) by considering all the details, confirmed the order of the Assessing Officer. The relevant portion of the order of the ld. CIT(A) is extracted as under:- 6.3 1 have carefully considered the order of the AO as well as the written submissions of the AR. During the year under con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seen that the same arguments were made by the assessee/appellant during the course of assessment proceedings before the Assessing Officer, and the Assessing Officer has dealt with all these arguments in detail in the assessment order reproduced in pare 6.1 above. The contention of the appellant's AR that the order of the Assessing Officer is arbitrary, and that the submissions made by the assessee have been ignored, is not correct. As observed by the Assessing Officer, himself in the Return of Income filed by him. Therefore, there is no merit in the contention that the Income from these properties is being taken by the mother of the assessee, and that she is not willing to fore go this advantage, which is available to her as per the wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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