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Sri D. Anand Basappa vs The Income Tax Officer on 28 October, 2003 cites

K.G. Vyas vs Seventh Income-Tax Officer on 6 January, 1986

6. Learned Departmental Representative Smt. Archana Choudhary submitted that the facts of the case need to be noted. From the facts it is clear that though the assessee intended to merging two flats into one large apartment, the same was not done till filing of return of income. The two flats are occupied by two different families. Though the developer agreed to convert the flats into one large apartment, they were never merged. The decisions relied upon in the case of K.G. Vyas (supra) is on the peculiar facts of the case. In the said case there was a common kitchen and common ration card with the entire family and hence though there were four flats since they were living together exemption under Section 54 was granted in respect of investment in all these four apartments. Since intention of legislature is to provide exemption for one residential house and since the assessee acquired two such houses with different identical units due to separate sale deeds, separate municipal numbers, separate electric and water meters, etc. These two units cannot be considered as "a residential house."
Income Tax Appellate Tribunal - Mumbai Cites 16 - Cited by 14 - Full Document

The Commissioner Of Income-Tax, West ... vs M/S. Vegetables Products Ltd on 29 January, 1973

Reliance placed on the decision of Hon'ble Supreme Court in Vegetable Products Limited case to the extent that if the language of the statute is plain, the fact that the consequences of giving effect to it may lead to absurd result, is of no effect in interpreting the provisions. However, the same decision also holds that if there is ambiguity in interpretation of the provisions, the one which is in favour of the assessee, should be adopted. The varying decisions at extreme ends can definitely result into saying that there is an ambiguity in the provision. Thus the one in favour of the assessee is to be adopted rather than applying a strict meaning by saying that there is no ambiguity. Thus this issue is decided in favour of the assessee.
Supreme Court of India Cites 16 - Cited by 1168 - K S Hegde - Full Document

K.C. Kaushik vs P.B. Rane, Fifth Income-Tax Officer, ... on 2 April, 1990

It was further submitted that the reliance on the decision of Hon'ble Bombay High Court in K.C. Kaushik v. P.B. Rane, ITO (185 ITR 499) by Assessing Officer is also misplaced as in the said case the assessee never claimed the deduction for more than one residential units. Thus the assessee is entitled to deduction under Section 44 in respect of both the residential units which is part of one entire building comprising several residential apartments. In he end it was submitted that there is difference of opinion among the Bombay Bench of the Tribunal. Thus both the views are possible. Since the issue is concerning grant of benefit to the assessee,it should be so interpreted so as to tilt in the favour of assessee rather than revenue since two views are reasonably possible. In view of the decision of Supreme Court in Vegetable Products Limited, the view favourable to the assessee should be adopted.
Bombay High Court Cites 8 - Cited by 26 - Full Document
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