2014 (5) TMI 390

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....e Respondent : Shri B. Yadagiri ORDER Per Smt. P.Madhavi Devi, Judicial Member: These are the appeals by the respective assessees for the assessment year 2008-09. They are directed against similar but separate orders of the Commissioner of Income-tax(Appeals) I, Hyderabad, all dated 28.7.2010. Since issue involved in the appeals of the respective assessees is common and all the assessees ....

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....lding that except for submission of some evidence with regard to cash withdrawals as evidence for utilization of the amounts for construction of the houses, the assessees have not produced any evidence in support of the construction of houses. 3. Aggrieved, the assessees preferred appeals before the CIT(A), who confirmed the orders of the Assessing Officer. Hence, assessees are in second appeal....

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....g to the assessees -qua the owners of the lands adjoining to the lands of the assessees, were disposed of by this Tribunal by holding as under- "5. We have heard both the parties and perused the material on record. The provisions of section 54F are that if the assessee being a individual or HUF, the capital gain arises from transfer of any long term capital asset not being a residential house a....

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....k the issue to the file of the Assessing Officer for fresh examination. However, we make it clear that the assessee shall co-operate with the Assessing Officer by placing necessary evidence to suggest that construction has been completed as prescribed in the provisions of section 54F of the Act and the mere withdrawals from Bank account by the assessee itself cannot be considered as it is used for....