Capital Gains!!! Please help

Page no : 2

Keyur (Student) (21 Points)
Replied 04 January 2011

yes it is available

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Shivish Verma (C A) (376 Points)
Replied 08 January 2011

CIT v/s Smt. Sunia Aggarawal (2006) 284 ITR 20 (Del)

Fact of the case: In this case the assessee purchased property from 2 diff persons by virtue of 4 diff sale instances in the shape of 4 diff parcels which constituted 1 single residential unit or house.

It was held that the execution of four diff sale deeds in respect of 4 diff portions of the property does not materially affect the nature of transaction or natue of property acquired, the investment so made in the pur of the same was eligible for deduction.

However, no case has decided that, if the 2 separate properties acquired would qualify for exemption or not.

But section 54 uses the word "a residential house property". Taking the literal interpretation will definetely disallow the claim. But intention behind section 54 is clear comparng the same with section 54 F which requires having just 1 residential house and prohibits from acquiring another house with in particular time. There is no such specific restriction in section 54.

Hence, i would say that the investment in two diff propertis are eligible for section 54