ITO, CHENNAI vs. PREETHI JEYAKUMAR, CHENNAI

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ITA 3211/CHNY/2016Status: DisposedITAT Chennai23 March 2017AY 2012-133 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that a residential house can include multiple flats/units and that the amendment to Section 54F, which restricted this deduction for multiple units, had prospective operation and was not applicable to the assessment year in question. Therefore, the CIT(Appeals)'s order was confirmed.

What were the facts?

The Revenue appealed against the CIT(Appeals)'s order allowing deduction under Section 54F. The assessee had claimed this deduction on the sale of a long-term capital asset, which was disallowed by the Assessing Officer due to the assessee owning multiple residential units.

What were the issues?

Whether the assessee is eligible for deduction under Section 54F when owning multiple residential units, and the applicability of the amendment to Section 54F.

Which sections of the Income-tax Act were involved?

Section 54F

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI D.S. SUNDER SINGH

For Respondent: Shri T.N. Seetharaman, Advocate
Hearing: 22.02.2017Pronounced: 23.03.2017

Heard together (2 matters)

ITA No.3211/Mds/2016
C.O. No.7/Mds/2017

Read from the judgment's own cause title. This page is filed under one of them.

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -5, Chennai, dated 15.09.2016 and pertains to assessment year 2012-13. The assessee has filed the cross-objection against the very same order.

Therefore, we heard both the appeal and the cross-objection together and disposing of the same by this common order.

2.

The only issue arises for consideration in the Revenue’s appeal is deduction claimed by the assessee under Section 54F of the Income-tax Act, 1961 (in short 'the Act').

3.

We have heard both, Shri R. Durai Pandian, the Ld. Departmental Representative and Shri T.N. Seetharaman, the Ld.counsel for the assessee. The Assessing Officer disallowed the claim of the assessee under Section 54F of the Act on the ground that the assessee has multi residential units, therefore, not eligible for deduction under Section 54F of the Act. However, the CIT(Appeals) placing reliance on the judgment of Madras High Court in CIT v. Smt. V.R. Karpagam (2014) 272 CTR 184, found that the residential house would include multiple flats/residential units and amendment made to Section 54F of the Act would be prospective operation, therefore, it is not applicable to the earlier assessment years. In view of this judgment of Madras High Court, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

4.

Since this Tribunal confirms the order of the CIT(Appeals) with regard to exemption claimed by the assessee under Section 54F of the Act, the cross-objection filed by the assessee becomes infructuous and academic in nature. Accordingly, the cross- objection of the assessee stands dismissed.

5.

In the result, both the appeal of the Revenue and the cross- objection of the assessee are dismissed.

Order pronounced on 23rd March, 2017 at Chennai.

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