ASHISH BHATIA,DELHI vs. ITO, WARD-30(4), DELHI

ITA 1025/DEL/2024Status: DisposedITAT Delhi22 April 2026AY 2012-1326 pages
AI SummaryPartly Allowed

What were the facts?

The assessee claimed exemption under Section 54/54F for the purchase of a residential farmhouse with appurtenant land. The Assessing Officer (AO) disallowed a portion of this exemption, treating the appurtenant land as agricultural land not eligible for the deduction. This led to multiple rounds of appeals.

What did the Tribunal hold?

The Tribunal held that the property acquired was a residential house with appurtenant land, eligible for deduction under Section 54F. The Tribunal directed the AO to allow the claim made under Section 54/54F.

What were the issues?

Whether the appurtenant land to a residential house can be considered agricultural land for the purpose of denying deduction under Section 54/54F, and whether interest under Section 220 was wrongly levied.

Which sections of the Income-tax Act were involved?

Section 54,Section 54F,Section 220,Section 154,Section 254

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: SH. C.N. PRASAD & SH. M. BALAGANESH

Hearing: 27.02.2026

PER C.N. PRASAD, JM: These two appeals are filed by the assessee for the A.Y’s 2012-

13.

ITA No.1025/Del/2024 was filed by the assessee against the order of the Ld. CIT(A) / NFAC dated 31.01.2024 in denying claim

u/s.254 of the Act. Appeal in ITA No.1026/Del/2024 is filed against the order of the Ld. CIT(A) / NFAC dated 30.01.2024 arising out of the order passed u/s.154 of the Act by the AO on account of levy of interest u/s.220 of the Act.

2.

First we take up the appeal of the assessee in ITA No.1025/Del/2024 in which the assessee has raised following grounds of appeals :- “1. The Ld. Commissioner of Income Tax Appeal "CIT(A)" has erred both on facts and in law by not providing the opportuni

The order continues below.

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