9911796707
TMI Blog2024 (8) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... of the One Akshar and has noted that the OTS (open to sky) space is structured between flat Nos. 601 602 and there is no common wall between the two flats. Hence both flats cannot be combined as claimed by the assessee. Whereas the plan of the flat and affidavit of the developers mentioned that the assessee has taken both the above said flats and both are adjacent flats. The Bench has asked both parties whether any physical verification was conducted to verify the claim of assessee. But reply was negative. Although the assessee is allowed to combine two flats as a single unit, this issue has not been physically verified by any revenue authorities. AO has expressed the view that both flats cannot be combined. Thus, there is contradiction be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on under said section in respect of only one residential flat. (It) Whether. On the facts and circumstances of the case and in Law, the Ld CIT(A) erred In allowing deduction u/s 54F of the Act ignoring the fact that the assessee had invested in two fiats which were separate, registered separately and as per plan approved by RERA/NMMC both the fiats could not have been made into one due to space between the two flats being open to sky and hence assessee was not entitled to claim deduction u/s 54f(1) of the Act. (iii) Whether On the facts and circumstances of the case and in Law, the Ld, CIT(A) erred in relying upon affidavit of builder and revised plan submitted by the assessee during the course of assessment proceedings showing it to be a o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.2) Act with effect from 01/04/2015, for the phrase, constructed one residential house in India . Accordingly, only one flat was duly accepted for exemption under section 54F and the claim of exemption related to the other flat was duly rejected by the Ld.AO. The aggrieved assessee filed an appeal before the ld. CIT(A). The ld.CIT(A) considered the submission of the assessee and considered both the flats as a single flat as per the exemption claimed under section 54F of the Act. Being aggrieved on the appeal order, the Revenue filed an appeal before us. 4. We heard the rival parties and considered the documents available on record. The Ld.AR filed a written submission which is kept in the record (APB). The Ld.AR first argued that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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