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TMI Blog2024 (11) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... s constructing a residential house. The Inspector had also reported that there was no electricity or water connection on the land and electricity was used by genset. The first inspection report indicated that the exact location itself of the land was difficult to find as the area was vast and inhabited and comprised of hilly terrain. It is material to note that the structures made of plywood sheets were found to exist on the subject property during the second visit of the Inspector conducted on 7.12.2017. In our view, no question of law arises for consideration of this court given the description of the subject property in question, as noted by the learned ITAT in its order. The findings of the learned ITAT cannot be assailed as perverse or manifestly erroneous. - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MS. JUSTICE SWARANA KANTA SHARMA For the Appellant Through: Mr Abhimanyu Bhandari, Sr. Advocate with Mr Kunal Sharma, Mr Shubhendu Bhattacharya, Mr Adhirath Chaudhary and Ms Yukti Aggarwal, Advocates. For the Respondents Through: Mr Aseem Chawla, SSC with Ms Pratishtha Chaudhary, Advocate. VIBHU BAKHRU, J. (ORAL) 1. The appellant has filed the present appeal under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 Q.3 What was the nature of property in Q.2? A. Agricultural land (suitable for construction of a residential house? Q.4 What is the present status of the property in Q.2? A. As per assessee/ there is a boundary wall, 1 bedroom accommodation, toilet (attached), and 1 guard room. Regarding electricity supply we are not aware of present situation. Regarding water connection, we are also not aware of current water connection status. Constructed area is approx. 150-200 sq. ft. Q. 5 When will you submit the final details with respect to Q. 4? Assessee has been informed to give supporting pictures. A. 30th November, 2017. Q. 6 Would you like to add anything more in the above statement? A. No. 8. In addition, the AO also extracted the report furnished by the Inspector, who was deputed by the AO to verify the construction raised on the land in question. The assessment order indicates that the agricultural land was situated at Village Bandhwari, Sohna, Gurgaon. The area was vast and uninhabited and comprised of hilly terrain. The relevant extract of the Inspector s report, as noted by the AO in its assessment order, is set out below: INSPECTOR'S REPORT (in the case of San deep Hooda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... let, and a kitchen. He also relied on the report of the Inspector, which reflected that on his visit he had found that there was a gas stove and essential utensils kept in the structures. He also noted that there was a soak pit for sewage disposal and there was a boundary wall, one bedroom accommodation, one toilet and one guard room. The learned CIT(A) was persuaded to accept that the subject property in question qualified the description of a residential house . He also reasoned that the subject property in question was located in rural area where no particular norms of construction were prescribed by the local authorities. In the circumstances, the Assessee was not required to observe the norms prescribed by Municipal Authorities for urban housing. He also referred to a certificate dated 11.09.2017 issued by an architect certifying that the Assessee s house consisted of two rooms with the toilet, kitchen, and garden at the specified address. 12. Accordingly, the learned CIT(A) passed an order dated 04.04.2019, deleting the addition made by the learned AO on account of disallowance of exemption under Section 54 of the Act. 13. The Revenue filed an appeal assailing the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ashroom and a bedroom, albeit with minimal utilities? b. Whether under Section 54 of the Income Tax Act it is necessary to show that the residential house has the basic amenities as mentioned by the ITAT? c. Whether the ITAT was right in reversing the findings of the CIT(A) with respect to the certificate of the sarpanch and the certificate of the architect on the ground that the same had not been placed on record when the appeal had been filed by the Revenue upon whom it was incumbent to place on record the document the relevance and effect of which it intended to challenge? d. Whether the ITAT was right in holding that the certificates issued by the Sarpanch and the Architect had no evidentiary value in light of the physical inspection carried out by the inspector from the Department? e. Whether the ITAT was right in rejecting the case laws relied upon by the AR and also by the CJT(A) by simply stating that the facts of the said cases were completely distinguishable, without delineating the same on facts? 16. The principal issue relates to whether the Assessee had constructed a residential house on the agricultural land within the stipulated period of three years from the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not appropriated by the assessee towards the purchase of the new asset made within one year before the date on which the transfer of the original asset took place, or which is not utilised by him for the purchase or construction of the new asset before the date of furnishing the return of income under section 139, shall be deposited by him before furnishing such return such deposit being made in any case not later than the due date applicable in the case of the assessee for furnishing the return of income under sub-section (1) of section 139 in an account in any such bank or institution as may be specified in, and utilised in accordance with, any scheme which the Central Government may, by notification in the Official Gazette, frame in this behalf and such return shall be accompanied by proof of such deposit; and, for the purposes of sub-section (1), the amount, if any, already utilised by the assessee for the purchase or construction of the new asset together with the amount so deposited shall be deemed to be the cost of the new asset: Provided that if the amount deposited under this sub-section is not utilised wholly or partly for the purchase or construction of the new asset w ..... 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