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    <title>2007 (3) TMI 438 - ITAT PUNE</title>
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    <description>For section 54F, &quot;owns&quot; was interpreted in a context-sensitive and practical sense, so effective dominion, long possession and entitlement to use a residential flat were sufficient even without formal conveyance; the assessee was therefore treated as owning a residential house and the exemption on capital gains from sale of the plot was denied. On penalty, the claim was based on a debatable interpretation of &quot;owns&quot;, &quot;owner&quot; and &quot;owned&quot;, and all material facts were fully disclosed, so a mere wrong claim did not amount to concealment or furnishing inaccurate particulars; penalty under section 271(1)(c) was therefore not leviable and was deleted.</description>
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      <title>2007 (3) TMI 438 - ITAT PUNE</title>
      <link>https://www.taxtmi.com/caselaws?id=121078</link>
      <description>For section 54F, &quot;owns&quot; was interpreted in a context-sensitive and practical sense, so effective dominion, long possession and entitlement to use a residential flat were sufficient even without formal conveyance; the assessee was therefore treated as owning a residential house and the exemption on capital gains from sale of the plot was denied. On penalty, the claim was based on a debatable interpretation of &quot;owns&quot;, &quot;owner&quot; and &quot;owned&quot;, and all material facts were fully disclosed, so a mere wrong claim did not amount to concealment or furnishing inaccurate particulars; penalty under section 271(1)(c) was therefore not leviable and was deleted.</description>
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