CIT vs. RAJIV SHUKLA
What did the High Court hold?
The Tribunal confirmed the CIT(A)'s deletion of the addition, relying on High Court judgments that allowed deduction under Section 54F even for depreciable assets, a view upheld by the Supreme Court.
What were the facts?
The assessee claimed deduction under Section 54F on long-term capital gains from selling a property, stating they purchased another property in Mumbai. The Assessing Officer rejected the claim, arguing the sold property was depreciable, making the gain short-term, and no evidence of investment in a Capital Deposit Account was provided.
What were the issues?
Whether capital gains arising from the transfer of a depreciable asset are eligible for deduction under Section 54F, and if the assessee provided sufficient evidence for investment in the Capital Gain Deposit Account Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Ace Builders (P) Ltd.88 citing281 ITR 210 · 2005 · HC
- CIT v. Assam Petroleum Industries Pvt. Ltd.39 citing262 ITR 587 · 2003 · HC
IN THE HIGH COURT OF DELHI AT NEW DELHI . 08.04.2011 . Present: Ms. Prem Lata Bansal, Sr. Advocate with Mr. Deepak Anand, Advocate for the appellant. Mr. Piyush Kaushik, Advocate for the respondent. . + ITA No. 620/2011 . 1. In the assessment year 2007-08, in the return filed by the assessee, herein, had shown long term capital gain on sale of property and also claimed benefit of deduction under Section 54F of the Income Tax Act on the ground that it had purchased the same property in Mumbai from the said long term capital gain. The details in this respect are as under:- . The assessee had sold one flat at Defence Colony, New Delhi for a consideration of `1,04,00,000/-. The said flat was purchased on 17.12.1999 for `20 lakhs, stamp duty of `1,60,000/- was paid on 14.08.2006 when the Sale Deed was executed and the said flat was used as an office on which, depreciation was claimed year to year. As on 31.03.2006, WDV was declared by the assessee at `10,62,882/-. The Assessing Officer further noticed that the assessee had declared the capital gain at `91,77,118/- (`1,04,00,000-`10,62,882-`1,60,000) and had claimed deduction under Section 54F treating the capital gain as Long Term Capital Gain, stating that he had booked one flat with Chamber Constructions Pvt. Ltd., Mumbai for a sum of `2,71,55,555/-, the possession of which was given on 11.09.2008. It was further stated that the assessee had paid a sum of `1crore through cheque to M/s Chamber Constructions (P) Ltd. Assessee also stated that the capital gain of `91,77,118/- was eligible for deduction under Section 54F as the amount had been invested in Capital Gain Deposit Account Scheme under Section 54F. . 2. However, Assessing Officer rejected the claim of the assessee under Section 54F on the ground that the assessee had not produced any evidence showing investment in Capital Deposit Account Scheme under Section 54F and that the flat sold by him was a depreciable asset. As per provisions of Section 50, the capital gain arising from transfer of depreciable asset shall be deemed to . . be the capital gain arising from transfer of short term capital asset and, therefore, deduction under Section 54F was not available. Accordingly, AO made an addition of `91,77,118/- under the head ?Short Term Capital Gain. . 3. In appeal, the CIT(A) deleted the addition and order of the CIT(A) is confirmed by ITAT. On perusal of the order of the Tribunal, we find that it has relied upon the judgment of Bombay High Court in the case of CIT v. ACE Builders Pvt. Ltd. 281 ITR 210. This decision of the Bombay High Court was followed by the same Court in CIT v. M/s Delite Tin Industries in ITA 1118/2008 dated 26th September, 2008. Against the order passed in Delite (supra) proceedings, Revenue had preferred Special Leave Petition which has also been dismissed by Supreme Court 21st August, 2009. . 4. We have gone through the judgment of Bombay High Court in the aforesaid two cases. Learned counsel for the respondent has also submitted that even Gauhati High Court has taken identical view in CIT v. Assam Petroleum Industries (P.) Ltd. (2003) 262 ITR 587. . 5. We do not find any reason to take a different view. In these circumstances, we are of the opinion that no substantial question of law arises for consideration. . 6. Accordingly, the present appeal is dismissed. . . A.K. SIKRI, J. . M.L. MEHTA, J. APRIL 08, 2011 AK . . . 03 #
More judgments on Section 54F
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
- Nand Kishore Agarwal, Hyderabad vs Income Tax Officer, Ward-7(3), Hyderabad.ITA 2101/HYD/2025[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Jaipal Jona, Hyderabad vs DCIT, Central Circle-3(3), HyderabadITA 1889/HYD/2025[2023-24]Status: Disposed16 Oct 2026AY 2023-24
- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
Recent GST High Court judgments
Search GST case law →- Basant Kumar Gupta vs. Union Of INDIAPatna · 2 Nov 2026
- M/S Swapnashiyana Homes Developers Private Limited vs. The Union Of INDIAPatna · 2 Nov 2026
- M/S B.K. Agency Under The Proprietor Of Bhola Prasad vs. The Chief Commissioner, CGSTPatna · 2 Nov 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026