SMT. NIRMALA DEVI LALWANI,BILASPUR(CG) vs. THE ACIT, CIRCLE- 1(1), BILASPUR(CG)

ITA 148/BIL/2014Status: DisposedITAT Raipur23 October 2018AY 2009-106 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the expenses incurred to make the house habitable should be considered for the purpose of Section 54F. The AO's disallowance based on the house being 'luxurious' or 'comfortable' without specific findings was unjustified.

What were the facts?

The assessee claimed deduction under Section 54F for expenses incurred to make a purchased house habitable, in addition to the purchase cost. The Assessing Officer (AO) disallowed a portion of these expenses, considering them for luxury and comfort rather than habitability.

What were the issues?

Whether expenses incurred to make a purchased house habitable qualify for deduction under Section 54F, and if the AO can disallow such expenses without specific evidence of luxury or comfort.

Which sections of the Income-tax Act were involved?

Section 54F

AI-generated summary — verify with the full judgment below

Before: SHRI R. K. PANDA & MS SUCHITRA KAMBLE

For Appellant: Shri S. R. Rao, Adv
Hearing: 09.08.2018Pronounced: 23.10.2018

PER SUCHITRA KAMBLE, JM

These two appeals are filed by the respective assessee’s against the orders dated 23/1/2012 for Assessment Year 2009-10. 2. The grounds of appeal are as under: I.T.A .No. 18/RPR/2014

In the facts and circumstances of the case, order is bad in law “1. as well as on facts.

2.

That excluding the cost incurred or making the house habitable from the cost of improvement in the Residential House without pin- pointing any amount invested for Luxury/Comfortable

The order continues below.

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