CHANDA MORESHWAR GAYDHANE,NAGPUR vs. ITO WARD 4(1), NAGPUR

ITA 71/NAG/2026Status: DisposedITAT Nagpur09 September 2026AY 2016-175 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal due to the assessee's medical condition. It held that the assessee had provided sufficient evidence to prove the construction of the residential house within the stipulated time frame, fulfilling the conditions of Section 54F.

What were the facts?

The assessee claimed a deduction under Section 54F for the construction of a residential house. The Assessing Officer denied the claim, treating the sale proceeds of agricultural land as undisclosed short-term capital gain. The CIT(A) also denied the deduction, finding insufficient evidence of timely construction.

What were the issues?

Whether the assessee is eligible for deduction under Section 54F for the construction of a residential house and the quantum of such deduction.

Which sections of the Income-tax Act were involved?

Section 54F,Section 54B,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR ‘SMC’ BENCH, NAGPUR

Before: DR.MANISH BORAD

For Appellant: Shri Ramesh Umakant Salve, Adv. (through virtual)
For Respondent: Shri Shiv Shankar Yadav, DR (through virtual)
Hearing: 29.07.2026Pronounced: 09.09.2026

The captioned appeal at the instance of assessee pertaining to A.Y. 2016-17 is directed against the order dated 18.03.2024 framed by National Faceless Appeal Centre, Delhi (NFAC) arising out of Assessment order dated 18.12.2018 passed u/s. 144 of the Income Tax Act, 1961 (in short ‘the Act’).

2.

Registry has pointed out that the appeal is barred by limitation as the assessee has filed the appeal before this Tribunal with a delay of 10 months. Assessee has filed an affidavit explaining the reasons stating that the assessee was suffering from spinal cord related issued. In support, the asse

The order continues below.

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