TaxTMI 
TaxTMI 
2018 (4) TMI 712
X X X X Extracts X X X X
X X X X Extracts X X X X
....d raised before us the following grounds of appeal:- "On the fats and in the circumstances of the case and in law, the ld. CIT(A) erred in allowing the exemption under section 54 of the IT Act on the basis of the decision of the Special Bench ITAT in the case of Sushila M Zaveri without appreciating the fact that the assessee invested the LTCG in four separate flats as shown in the sanction plan of BMC and the builder constructed building in accordance with the plants, designs and specifications approved by the concerned local authority." 2. Briefly stated, the facts of the case are that the assessee had filed her return of income for A.Y 2009-10 on 31/03/2011, declaring income of Rs. 3,71,950/-. The return of income filed by th....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... her as a self contained single residential unit, placed on record of the A.O the floor plan of the building, which was an annexure of the respective purchase agreements. The assessee further in order to fortify her aforesaid claim, also furnished with the Assessing Officer the copies of the society bills for the aforesaid four units, as per which the same were divided into two units i.e. Flat No. A/1901/1902 (area 1620 sq. ft) & Flat No. A/1903/1904 (area 1710 sq.ft).The aforesaid submissions of the assessee did not find favour with the Assessing Officer, who was of the view that as the flats under consideration were one room kitchen apartments built for lower income group, therefore, the same were clearly in the form of four separate inde....
X X X X Extracts X X X X
X X X X Extracts X X X X
....le residential units or a composite residential unit. That pursuant to the aforesaid directions of the CIT(A), the Assessing Officer directed his Income Tax Inspector to carry out a field enquiry and furnish his report after carrying out a spot verification of the property. The Income Tax Inspector after carrying out a spot verification of the concerned property, reported to the Assessing Officer that the flat Nos. 1901,1902,1903 and 1904 were though four units, but however, the same had been merged into one composite flat having a common entrance door, and was used as a formal residence of the assessee. The CIT(A) after receiving the remand report from the Assessing Officer, concluded that as reported by the Income Tax Inspector, the resid....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... A.R also placed reliance on the judgment of the Hon‟ble High Court in the case of CIT -12 vs. Raman Kumar Suri (2013) 212 Taxman 411 (Bom.). The ld. A.R further in order to fortify his aforesaid claim, also took support of the order of the Hon'ble High Court of Andhra Pradesh in the case of CIT-II, Hyderabad vs. Syed Ali Adil (2013) 352 ITR 418 (AP), and an order of a coordinate bench of the Tribunal on the aforesaid proposition in the case of Nilesh Pravin Vora & Yatin Pravin Vora vs. ITO (2016) 45 ITR (Trib) 228 (Mum). Per contra, the ld. Departmental Representative (for short, "D.R‟) relied on the order passed by the Assessing Officer. 6. We have heard the authorised representatives for both the parties, perused the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... contain 4 entrance door for 4 flats, 2 units constitute a single flat and single entrance door. For example:- 1) on 18th Floor, there are 4 flats. Flat No. 1801/1802 - 1 flat (2 Units constitute single flat having common entrance door) Flat No. 1803/1804 - 1 flat (2 Units constitute single flat having common entrance door) Flat No. 1805 - 1 flat Flat No. 1806 - 1 flat Total -4 flats. Four different people are staying in each flat. But on 19th Floor - There are 3 flats Flat No. 1901/1902/1903/1904-1 flat (4 units constitute /merged in 1 flat having common entrance door), (formal residence of Smt. Kavita Krishna Gupta) Flat No. 1905 - 1 flat Flat No. 19....