AJAY KHANNA,NEW DELHI vs. ACIT, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee is entitled to deduction under Section 54 even if the investment is made in more than one residential property, following the precedent set by the Hon'ble Madras High Court.
What were the facts?
The assessee claimed deduction under Section 54 for investment in a second house property. The CIT(A) disallowed this claim, stating that the deduction is only allowed for investment in one residential property.
What were the issues?
Whether deduction under Section 54 is allowable for investment in more than one residential property. Whether the amendment by Finance (No. 2) Act, 2014 is prospective.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- Tilokchand & Sons. v. ITO31 citing105 Taxmann.com 151 · 2019 · HC
Income Tax Appellate Tribunal, DELHI ‘D’ BENCH, NEW DELHI
Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI
ORDER
PER H.S. SIDHU, JM
This appeal is filed by the assessee against the order of the Ld. Commissioner of Income Tax [Appeals]-29, New Delhi dated 30.09.2016 pertaining to assessment year 2013-14 on the following grounds:- 1. That in the facts and circumstances of the case the Ld. CIT(A) has erred in law in disallowing the claim of deduction u/s. 54 of the Income Tax Act, 1961 in respect of investment made in second house property by the appellant, on the ground that deduction under section 54 is allowable with respect to investment made only in one residential property.
2. That in the facts and circumstances of the case the Ld. CIT(A) has erred in law in not appreciating the fact that the amendment brought u/s. 54 of the Income Tax Act, 1961 by Finance (No. 2) Act, 2014, w.e.f. 01.04.2015 is prospective in nature and hence the disallowance of deduction in investment made by the appellant in second house property is bad in law. 2. At the time hearing, Ld. Counsel for the assessee stated that the issue regarding the claim of deduction u/s. 54 of the I.T. Act, 1961 in respect of investment made in the second house property by the assessee has already been adjudicated and decided in favour of the assessee by the various Hon’ble Courts and Tribunal including the judgment of the Hon’ble Madras High Court dated 14.03.2019 reported in [2019] 105 taxmann.com 151 (Madras) in the case of Tilokchand & Sons vs. Income Tax Officer, Ward-II (4), Madurai. He also draw our attention towards para no. 20 of the aforesaid judgment by filing the copy of the said decision and stated that respectfully following the aforesaid judgment of the Hon’ble Madras High Court, the addition in dispute may be deleted by allowing the appeal of the assesee.
3. On the contrary, Ld. DR relied upon the order passed by the Ld. CIT(A). 4. We have heard both the parties and perused the orders of the revenue authorities especially the judgment dated 14.3.2019 of the Hon’ble Madras High Court reported in [2019] 105 taxmann.com 151 (Madras) in the case of Tilokchand & Sons vs. Income Tax Officer, Ward-II (4), Madurai wherein the Hon’ble Court has held that “whether where assessee HUF sold its residential house and
More judgments on Section 54
- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
- Income Tax Officer, Ward-3(3)(2), Ahmedabad vs Manan Arati Patel, AhmedabadITA 923/AHD/2026[2022-23]Status: Disposed6 Oct 2026AY 2022-23
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Dy. Commissioner of Income… vs Thomas Myladiyil Augustine, AhmedabadITA 1131/AHD/2026[2022-23]Status: Disposed30 Sept 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026