SHRI KANWAR SINGH,REWARI vs. ITO, REWARI

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ITA 3370/DEL/2016Status: DisposedITAT Delhi22 February 2017AY 2007-084 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 benefit of Section 54B cannot be allowed when the new agricultural land is purchased in the name of the wife, following a jurisdictional High Court precedent.

What were the facts?

The assessees sold agricultural land and claimed deduction under Section 54B for purchasing new agricultural land. However, the new land was purchased in the names of their respective wives.

What were the issues?

Whether deduction under Section 54B is allowable when the new agricultural land 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

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

Before: SHRI R.S. SYAL

For Appellant: Shri Naresh Kumar Aggarwal
For Respondent: Shri F.R. Meena, Sr. DR
Hearing: 22.02.2017Pronounced: 22.02.2017

ORDER These three appeals by different, but, connected assessees relate to assessment year 2007-08.

2.

Since common issue is raised in all these appeals, I am, therefore, disposing of these appeals by this consolidated order, for the sake of convenience.

3.

The only issue raised in these appeals is against the denial of deduction u/s 54B.

4.

Briefly stated, the facts of Shri Kanwar Singh’s case are that he along with his three brothers sold their agricultural land situated in Village Qutabpur, Rewari for a consideration of Rs.52,35,000/-. The assessee’s 1/4th share in sale consideration came to Rs.13,08,750/-. While computing the ITA Nos.3370-3372/Del/2016 income, the assessee claimed the benefit u/s 54B amounting to Rs.12,11,950/-. The AO observed that the new agricultural land was purchased by the assessee in the name of his wife and, hence, the benefit was not available. The ld. CIT(A) upheld the assessment order on this issue.

5.

I have heard the parties and perused the relevant material on record. It is noticed that the assessee along with his brothers sold agricultural land, income from which is otherwise chargeable to tax. The assessee claimed benefit of section 54B on the premise of purchasing another agricultural land in the name of his wife. The Hon’ble jurisdictional High Court in the case of CIT vs. Dinesh Verma (2015) 233 Taxmann 409 (P&H), has held, in identical circumstances, that the benefit of section 54B cannot be allowed when new property is purchased in the name of wife. In view of the binding precedent available from the Hon’ble jurisdictional High Court, the impugned order deserves to be upheld.

ITA Nos.3370-3372/Del/2016

6.

It is common submission that the facts and circumstances of the other two appeals are, mutatis mutandis, similar inasmuch as new agricultural lands were purchased by the other two assessees also in the name of their respective wives.

Following the view taken hereinabove, I uphold the impugned order in not granting the benefit u/s 54B of the Act.

7.

In the result, all the appeals are dismissed.

The order pronounced in the open court on 22.02.2017.

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