TMI Blog2009 (11) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is “owner of the leased property” and is therefore, not entitled for deduction u/s 54F of the Income Tax Act – held that – house was owned by the assessee in individual capacity and not in capacity as HUF – decided in favor of assessee - 932 of 2008 (O&M) - - - Dated:- 6-11-2009 - CORAM:- HON 'BLE MR. JUST ICE A DAR SH KUMAR GOEL HON 'BLE MR. JUST ICE GURDEV SINGH Pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been processed under Section 143(1)(a) of the Act, reassessment proceedings were initiated on account of alleged erroneous claim of the assessee under Section 54-F for purchase of flat at Delhi after sale of other property. The claim was disallowed on the ground that the assessee owned a house at Kasauli. On appeal, the CIT(A) upheld the plea of the assessee that house at Kasauli was owned in ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leted the property from the statements later on as a pre-conceived mind to get the benefit of the deduction u/s 54F in 1997." 4. The above finding has been affirmed by the Tribunal. 5. We have heard learned counsel for the appellant. 6. In view of concurrent finding of fact recorded by the CIT(A) and the Tribunal that house at Kasauli was owned by the assessee in individual capacity and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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