Section 54F Deduction Denied Due to Property's Official Classification; Actual Use Should Determine Eligibility.

Disallowance of exemption claimed u/s 54F - nature of the property as residential in nature - It does not make difference whether the property has been shown as residential house on the record of the government authority but actual user thereof by the assessee will be considered while adjudicating upon the eligibility of deduction under sec. 54F Claimed by the assessee. In the present case, for denial of the claimed deduction under sec. 54F AO should not have considered the property as residential on the basis of municipal record ignoring the actual user thereof, as held in the above cited decisions. - AT .....

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