TaxTMI 
TaxTMI 
2020 (1) TMI 1226
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....ns as well as the relevant material on record we note that the assessee has relied upon the various decisions as reiterated in the miscellaneous application. As regards to mistake No. 1 the copies of the decisions relied upon by the assessee are also on record of the appeal file and those decisions have some relevance on the issue of allowing the deduction under section 54F of the Act in respect of more than one plot of land and construction of a house. Since the Tribunal white passing the impugned order has not considered those decisions and the impugned order is completely silent about the decisions relied upon by the assessee. Therefore, in our considered view there is a mistake in the impugned order to the extent of not considering the decisions relied upon by the assessee. So far as the constructed area is concerned we find that the finding of the Tribunal is not based on the constructed area but only for recording the complete facts the per centage of the construction was mentioned in the impugned order. Even the Assessing Officer as well as the learned Commissioner of Income-tax (Appeals) while allowing the deduction in respect of the cost of one plot of land and constructio....
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....nstruction of house against the claim of cost of acquisition of all the four plots which were merged into one plot of land by the assessee. He has further contended that though the assessee has purchased four separate pieces of land vide 4 (four) sale deeds which are adjoining to each other, however, the assessee has merged all the four plots of land into one and constructed a house. Therefore, for the purpose of deduction under section 54F, the investment made in purchase of the entire land and construction of the house to be considered as against the Assessing Officer taken only one plot of land. He has further contended that the Assessing Officer has not disputed the fact that the assessee has constructed a boundary wall covering all the four plots and only one gate exists for entry in the plot of land. Therefore, at the site what is in existence is one plot of land and a residential house. Therefore, the learned authorised representative has submitted that the deduction under section 54F should be allowed in respect of the cost of acquisition of the entire land and cost of construction of the house thereupon. In support of his contention, he has relied upon the following decisi....
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....erged bigger plot of land would be considered as part and parcel of the residential house constructed by the assessee on a small portion of the merged plot. The co-ordinate Bench of this Tribunal in the case of Seema Singh Beniwal v. Dy. CIT (supra) has considered an identical issue regarding a smaller residential unit constructed on a bigger plot of land in para 6.1 as under (page 680 of 45 ITR (Trib) : "It is undisputed fact that from the order of the Assessing Officer that the assessee had deposited the sale proceeds in the capital gain account at Rs. 30 lakhs in SBI, Hatwara Road, Branch, Jaipur, in capital gain tax account No. 30427064659 on July 29, 2008, whereas the assessee filed the return belated on March 31, 2009, which was revised on March 31, 2010. As per the assessment order the assessee purchased a plot of land at C-114, Hanuman Nagar, Jaipur, for a sum of Rs. 28 lakhs on January 25, 2010 out of such deposit. Thereafter, the assessee further invested Rs. 1,10,250 on construction of residential unit which was completed on March 15, 2010. As per the learned Commissioner of Income-tax (Appeals), it was a garage, which was not habitable, which can be used for st....
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.... different portions of the said property was taken over from the vendors. The Tribunal held that the execution of four different sale deeds in respect of four different portions of the property did not materially affect the nature of the transaction or the nature of the property acquired since the property in question was being used by the assessee for her own purposes and investment made in the purchase of the same was therefore eligible for deduction under section 54. In the light of the above finding of fact recorded by the Tribunal no question of law much less a substantial question of law arises for our consideration in this appeal." The finding of the Tribunal that the property though purchased from two different persons by virtue of four different sale instances in the shape of four different parcels of land, constitutes one single residential unit or house of the assessee was upheld by the hon'ble High Court. Thus, what is relevant is the purchase of land and construction of house and not how many land parts were purchased by the assessee. Once the land purchased by the assessee vide different sale deeds was merged together to constitute a single plot of land, ....
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