2020 (5) TMI 433

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....Babunath, CA Respondent by: Shri AR.V. Sreenivasan, JCIT ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: This appeal of the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals)-5, Chennai dated 18.09.2018 and pertains to the assessment year 2015-16. 2. Shri Anandd Babunath, the Ld. Representative for the assessee submitted that the only issue arises f....

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....on to avoid deduction of tax at source as insisted by the vendor. The Assessing Officer found that since the assessee purchased the property by means of two registered sale deed, the property relating to second registered document may not be appurtenant to the building which was purchased through the original registered sale deed. According to the Ld. representative, merely because two sale deeds ....

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..... Departmental Representative submitted that the assessee purchased the residential house by means of registered sale deed. Subsequently, the assessee has purchased the vacant site which is adjacent to the residential house purchased earlier. Therefore, the vacant land purchased adjacent to the existing residential house cannot be construed to be the land appurtenant to the building or the assesse....

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....ading of the agreement for sale of the property and the registered sale deed clearly indicates that the assessee intended to purchase the entire property including the vacant land from the vendor Shri R. Selva Kumar. However two registered sale deeds were executed. There can be various reasons for executing the two sale deeds. One of the reason presumably as rightly submitted by the Ld. representa....