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Dy.Cit, Circle-3(1),, Hyderabad vs Sri C.M. Ramesh, Hyderabad on 29 December, 2017

10.1 Ld. DR relied on the case of Amit Gupta (supra), in which, the assessee has purchased a basement in the residential building and there is no details of bed room, living room or kitchen and only contains hall. According to the AO, this is not meant to use for residential house. However, it was held that the expression 'residential house' has not been defined in the Act, the popular meaning of the word is a place or building used for habitation of people, but, it is not necessary that a person residing in the house to call it a residential house, if it is capable of being used for the purpose of residence, the requirement of section 54F is satisfied. Accordingly, exemption u/s 54F was allowed. In this case, the Bench answered the fact that the assessee did not actually use property for his residence will not disentitle him to claim of exemption u/s 54F and therefore, the facts in the said case are distinguishable to the facts of the case in hand, hence, the same is not applicable to the case under consideration.
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