LATE SH. PREM SINGH THROUGH LEGAL HEIR SH. RAJ KUMAR,KARNAL vs. ITO, KARNAL

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ITA 6389/DEL/2016Status: DisposedITAT Delhi28 February 2017AY 2007-085 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the deduction under Section 54B cannot be allowed when the new property is purchased in the name of the assessee's wife, following the Punjab & Haryana High Court's decision.

What were the facts?

The assessee sold land and earned long-term capital gains. The assessee purchased new agricultural land worth Rs. 31,10,640 in his wife's name to claim deduction under Section 54B.

What were the issues?

Whether the benefit of deduction under Section 54B is available when the new property is purchased in the name of the assessee's wife.

Which sections of the Income-tax Act were involved?

Section 54B

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, DELHI BENCHES : SMC-I : NEW DELHI

Before: SHRI R.S. SYAL

For Appellant: Shri Kirti Karan Goel, Advocate
For Respondent: Ms Bedobina Chaudhuri, Sr. DR
Hearing: 27.02.2017Pronounced: 28.02.2017

ORDER These two appeals filed by different assessees are against the orders passed by the CIT(A) on 07.10.2016 in relation to the assessment year 2007-08. Since common issue is raised in these appeals, I am, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.

2.

The only issue raised in this appeal is against the denial of deduction u/s 54B for the purchase of new property by the transferor in the name of his wife, Smt. Kanta Devi.

3.

Briefly stated, the facts of the case are that the assessee sold certain land on which long term capital gain was earned.

The assessee purchased, inter alia, an agricultural land worth Rs.31,10,640 in the name of his wife, Smt. Kanta Devi. The AO denied the benefit of section 54B for purchase of agricultural land in the name of his wife. The ld. CIT(A) affirmed the same. The assessee is aggrieved against the denial of deduction u/s 54B.

4.

I have heard the parties and perused the relevant material on record. There is no dispute that the new property was purchased by the assessee in the name of his wife Smt. Kanta Devi. It is observed that there is a cleavage of opinion amongst the Hon’ble High Courts on the question of grant of benefit u/s 54B etc. when new property is purchased by the transferor in his own name with another or exclusively in the name of another. Whereas the Hon’ble Punjab & Haryana High Court in CIT vs. Dinesh Verma (2015) 233 Taxmann 409 (P&H) has held that the benefit of deduction cannot be allowed when a new property is purchased in the name of wife, the Hon’ble Delhi High Court in CIT vs. Kamal Wahal (2013)351 ITR 4 (Del), has held that deduction u/s 54F cannot be denied if the property is not purchased in own name. Since the assessee falls within the jurisdiction of the Hon’ble Punjab & Haryana High Court, respectfully following the precedent in Dinesh Verma (supra), I hold that the assessee was not right in claiming the benefit of section 54B in purchasing new property in the name of his wife. The impugned order is upheld to this extent.

5.

Both the sides are in agreement that the facts and circumstances of this appeal are, mutatis mutandis, similar to the earlier appeal. In fact, no separate submissions were advanced by the either side. Following the view taken hereinabove, I uphold the impugned order to the extent of denial of the benefit u/s 54B.

6.

In the result, both the appeals are dismissed.

The order pronounced in the open court on 28.02.2017.

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