2018 (12) TMI 181

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.....Mohamed Khailullah,FCA For the Respondent : Mr.B.Sagadevan,JCIT,D.R ORDER PER GEORGE MATHAN, JUDICIAL MEMBER ITA No.1727/Chny/2017 is the appeal filed by Mrs.Fathima Fahima, and ITA No.1728/Chny/2017 is the appeal filed by Mrs.Fathima Fahrhna against the separate orders of the Commissioner of Income-tax (Appeals)-13, Chennai in appeal No.66/CIT(A)-13/2011-12 & in appeal No.69/CIT(A)-1....

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.... relevant assessment year for about Rs. 2 crores. It was a submission that after the purchase of the property, assessee's mother had demolished the existing construction and had re-constructed the said property between the period 2007 and 2010. It was a submission that assessee's mother had incurred expenditure of more than Rs. 14 lakhs. It was submitted that the assessee had claimed the cost i....

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....d a copy of assessment order passed u/s.143(3) r.w.s.147 of the Act on 02.03.2016 for assessment year 2010-11, before us. He also drew our attention to the returns filed by her mother Mrs.M.A.Ahamed Asia, wherein she had disclosed the investment in the construction of the property at 26, Jambulingam Street, Nungambakkam,Chennai-34 as follows:- A.Y Cost of re-construction(Rs. ) 2007-08 ....

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....fficer has accepted the cost of construction of Rs. 14,96,157/- and granted indexation in respect of the said property. This being so, as the cost of construction has been accepted by the Revenue in the case of one of the sisters of assessees, it is not open to Revenue to say that the evidences are not available. This being so, the Assessing Officer is directed to grant the assessee's benefit o....