1981 (5) TMI 75

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....ich was not entirely used as a residence and purchased another house. The assessee claimed set off of the amounts invested in computing the capital gains. The ITO rejected this claim both on the ground that the property sold was not mainly used as a residence and also on the ground that the property purchased was not used for the purpose of the residence. On appeal, the AAC also confirmed the reje....

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....e of a house used mainly for the assessee's own residence is invested in a house property for the purpose of his own residence, then, the prescribed relief shall be granted in computing the capital gains. The question whether the property sold was used mainly for the purpose of the assessee's own residence is a question of fact and has to be ascertained from the actual portion of the property whic....