SH. HARMESH KUMAR KALSI,MOHALI vs. ITO, MOHALI
What did the Tribunal hold?
The Tribunal found that the evidence provided (Khasra Girdawari and a photograph) was insufficient to prove the construction of a residential house. The matter was restored to the AO to verify if a residential house has been constructed on the property.
What were the facts?
The assessee claimed exemption under Section 54 for capital gains invested in a residential plot. The Assessing Officer denied the claim as the property was a plot, not a constructed house. The Tribunal previously restored the matter to the AO to examine the assessee's intention to construct.
What were the issues?
Whether investment in a plot for residential purposes, with an intention to construct, qualifies for exemption under Section 54. Whether the evidence presented sufficiently proves the construction of a residential house within the stipulated period.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHANDIGARH
Before: Sh. SANJAY GARG
आदेश/ORDER
The present appeal has been preferred by the assessee against the order dated 16.05.2018 of the Commissioner of Income Tax (Appeals)-I, [hereinafter referred to as CIT(A)], Ludhiana.
This is second round of appeal before us. The issue raised in this appeal is relating to the eligibility of the assessee to claim exemption u/s 54 of the Act in respect of the amount capital gains invested in residential property. The assessee sold his property on 01.09.2008 for a sum of Rs. 65 lacs and purchased a residential plot for a sum of Rs. 28 lacs including Stamp Duty thereupon and claimed exemption u/s 54 of the Act pleading that the said property/plot was purchased for residential purposes. The AO, however, denied
ITA-925/CHD/2018 Page 2 of 4
the claim of the assessee observing that the property in
question was a plot and not a residential house.
The matter went up to the level of the Tribunal. The
Tribunal vide its order dated 24.09.2015 passed in ITA
1035/CHD/2013 observed that the Statute has given three
years to an assessee to construct a residential house. That if
the assessee constructs a residential house within three years
from the date of transfer of the property pursuant to which the
capital gain has accrued to the assessee, then the assessee is
to be allowed exemption u/s 54 of the Act. The Tribunal,
therefore, observing that since intention of the assessee to
construct a residential house within three years of the date of
construction was not considered/examined by the AO, restored
the matter to the file of the AO to examine the additional
evidence submitted by the assessee regarding intention of the
assessee to construct residential house on the plot in
question.
In the set aside proceedings, the AO referring to certain
evidences like Khasra Girdawari and the report of the
Municipal Council observed that the assessee had not applied
for sanction of any plan etc. and that the assessee had failed
to prove that it had constructed the residential house on the
property within three years and accordingly, disallowed the
claim of the assessee.
The ld. CIT(A) confirmed the order of the AO.
Now before this Bench, ld. counsel for the assessee has
submitted that as per the directions of the Tribunal, what was
to be seen by the AO was the intention of the assessee to
ITA-925/CHD/2018 Page 3 of 4
construct a residential house on the property. He has
submitted that the assessee has infact constructed a
residential house on the property within three years. The next
limb of the argument of the ld. Counsel is that even if the
assessee could not construct the house within three years, in
the first year i.e. in the year of transfer of property, what is to
be seen is the investment made in the property and the
intention of the assessee to construct a residential house.
The ld. DR on the other hand, has relied upon the
findings of the lower authority and has submitted that since
the assessee could not furnish reliable evidence that the
residential house has been constructed on the plot in
question, hence the assessee has been rightly denied the claim
of exemption u/s 54 of the Act.
I have heard the rival submissions and have also gone
through record. The ld. counsel for the assessee has relied
upon the copy of Khasra Girdawari to show that in the
Girdawari, the Halka Patwari ( Village Revenue Official) has
mentioned the detail of property as boundary wall and house.
Further, the ld. counsel for the assessee has invited our
attention to a photograph showing one room constructed over
a property. However, in my view, the aforesaid evidence is not
sufficient to hold that the assessee has built a residential
house on the property in question. I, therefore, restore this
matter to the file of the AO to verify, after identifying the
property in question, as to whether a residential house has
been constructed by the assessee on the aforesaid property, if
it is found so, then to allow the claim of the assessee. So far
ITA-925/CHD/2018 Page 4 of 4
as the contention of the ld. counsel for the assessee that even
if the assessee has not constructed the house over the
property, the claim is to be rejected after passing of three
years is concerned, I am not convinced with the aforesaid
averment of ld. counsel for the assessee. No evidence has
been placed on the file to show that the assessee really
intended to construct the property but due to some
extraordinary circumstances beyond the control of the
assessee, the assessee could not construct the property.
Under the circumstances, it cannot be simply assume that
there was really any intention of the assessee to construct the
property. However, as observed above, if on the plot, even as
on today, the property is found constructed with a residential
house, taking into consideration the beneficial provisions of
the Statute promoting housing, the assessee will be allowed
the eligible benefit as per law.
In the result, the appeal of the assessee is allowed for
statistical purposes.
Order pronounced in the Open Court on 24.12.2018.
Sd/- ( संजय गग� ) (SANJAY GARG) �या�यक सद�य/ Judicial Member Dated: 21.01. 2019 “Poonam” आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant 1. ��यथ�/ The Respondent 2. आयकर आयु�त/ CIT 3. आयकर आयु�त (अपील)/ The CIT(A) 4. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड� फाईल/ Guard File 6.
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar
More judgments on Section 54
- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
- Income Tax Officer, Ward-3(3)(2), Ahmedabad vs Manan Arati Patel, AhmedabadITA 923/AHD/2026[2022-23]Status: Disposed6 Oct 2026AY 2022-23
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Dy. Commissioner of Income… vs Thomas Myladiyil Augustine, AhmedabadITA 1131/AHD/2026[2022-23]Status: Disposed30 Sept 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026
- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026
- Dr.Sunil Kumar Padhi vs. The Chief Commissioner, GST And Central Excise, BhubaneswarOrissa · 14 Oct 2026