RANGABASHYAM THRIUMALAI,CHENNAI vs. DCIT, NON CORPORATE CIRCLE, CHENNAI

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ITA 365/CHNY/2018Status: DisposedITAT Chennai04 October 2018AY 2013-143 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee had complied with the requirements of Section 54F by investing the sale proceeds in the purchase of a flat under construction. Completion of construction or occupation is not essential for claiming the deduction.

What were the facts?

The assessee sold a plot and used the sale proceeds to purchase a flat under construction and invested in a scheme. The Assessing Officer (AO) denied deduction under Section 54F as the new asset was under construction and occupancy certificate was not produced.

What were the issues?

Whether investment in a residential property under construction qualifies for deduction under Section 54F, and if completion or occupancy is a prerequisite for such deduction.

Which sections of the Income-tax Act were involved?

Section 54F

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

For Appellant: Shri. D. Anand, Advocate
For Respondent: Shri G.D. Jayanthi Angayarkanni, JCIT
Hearing: 29.08.2018Pronounced: 04.10.2018

आदेश/ O R D E R

PER S. JAYARAMAN, ACCOUNTANT MEMBER:

1.

The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-13, Chennai in dated 29.09.2017 for assessment year 2013-14.

2.

Shri. Rangabashyam Thirumalai, the assessee, sold a plot in Hosur for Rs. 92,89,200/-, out of which he paid Rs. 82 lakhs to the builder, M/s. Ozone Projects Pvt. Ltd., for purchasing a flat at Koyambedu for a tentative consideration of Rs. 1,26,51,971/- and invested Rs. 11 lakhs in CGAS, 1988 Scheme before filing his return. He claimed deduction u/s. 54F for Rs. 88,25,742/-. The AO refused to allow this claim for the reason that the assessee has entered into an agreement for purchase of flat which is under construction, has not produced any occupancy certificate regarding the new asset and hence, the assessee is not entitled for the claim of deduction u/s. 54F at Rs. 88,25,742/-. Aggrieved, the assessee filed an appeal before the Ld. CIT(A). Although, the assessee has produced a copy of agreement for the purchase of flat entered into with M/s. Ozone Projects Pvt. Ltd., copies of bank accounts, wherein, the amount of payment to the builder is reflected and relied on various High Court decisions, the Ld. CIT(A), inter alia, has held that since the assessee has not purchased a residential house or completed the construction of habitable house before the due date of furnishing the return, the assessee failed to establish his case and hence he dismissed the appeal.

3.

Aggrieved, the assessee filed this appeal relying on the Mumbai ITAT decision in dated 19.08.2015 and this tribunal decision in ITA No. 3520/Mad/1989 dated 25.04.1996. The assessee pleaded that when the sale proceeds of the capital asset stood invested in the construction of a residential house within the stipulated period, the assessee

:- 3 -: should be entitled to relief u/s. 54F and completion of construction or occupation is not essential in view of CBDT Circular Nos. 471, dated 15.10.1986 and 672, dated 16.12.1993. Per contra, the DR supported the orders of the lower authorities.

4.

We heard the rival submissions. From the above facts, it is clear that there is no dispute on the fact that out of the sale consideration, the assessee has paid Rs. 88,25,742/- to M/s. Ozone Projects Pvt. Ltd., towards purchase of a flat at Koyambedu, which is under construction. Thus, the assessee has complied with the requirement of section 54F of the Act. In the light of the precedents, relied on by the assessee, supra, we find no reason to deny the claim u/s. 54F. We direct accordingly.

5.

In the result, the assessee’s appeal is allowed.

Order pronounced on Thursday, the 04th day of October, 2018 at Chennai.

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