SHER SINGH,YAMUNA NAGAR vs. THE INCOME TAX OFFICER, WARD 4, YAMUNA NAGAR

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ITA 647/CHANDI/2023Status: DisposedITAT Chandigarh03 December 2024AY 2008-09Bench: SHRI SANJAY GARG (Judicial Member)4 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 ownership of the land by the mother is not a ground to reject the Section 54F claim, as the house was constructed and resided in by the assessee. The Tribunal also accepted the valuer's report for the cost of construction over the AO's estimation.

What were the facts?

The assessee claimed deduction under Section 54F for capital gains from the sale of agricultural land, having constructed a residential house. The Assessing Officer (AO) estimated the construction cost at Rs. 25 lacs, while the assessee submitted a valuer's report of Rs. 55,82,750/-. The CIT(A) rejected the claim entirely, stating the house was built on land owned by the assessee's mother.

What were the issues?

Whether the claim for deduction under Section 54F is admissible when the house is constructed on land owned by the assessee's mother, and the correct valuation of the construction cost.

Which sections of the Income-tax Act were involved?

Section 54F

AI-generated summary — verify with the full judgment below

Order The present appeal has been preferred by the assessee against the order dated 29.08.2023 passed by the Ld. Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2008- 09.

2.

The Assessee in this appeal is aggrieved by the action of the CIT(A) in confirming the additon made by the Assessing Officer

1.

647 -Chd-2023 Sher Singh, Yamunanagar 2 (A.O.) of Rs. 46,08,371/- on account of capital gains from sale of agricultural land.

3.

At the outset, the ld. Counsel for the Assessee has submitted that the A.O. while making the impugned additon has wrongly and illegally denied the claim of deduction u/s 54F of the Income Tax Act, 1961 (in short 'the Act'). She in this respect, has submitted that the Assessee had constructed a residential house and spent Rs. 55,82,750/-. A valuation report from the approved valuer in this respect was also submitted before the Assessing Officer. However, the Assessing Officer deputed the Income Tax Inspector, who estimated the cost of construction at Rs. 25 lacs. The A.O., therefore, allowed deduction u/s 54F of the Act to the extent of Rs. 25 lacs and computed the Long Term Capital Gains at Rs. 21,08,371/-.

4.

In appeal, the ld. CIT(A) rejected the claim of the Assessee u/s 54F of the Act, observing that the Assessee had construed the house on the land which was owned by his mother Jabra Devi. He, therefore, enhanced the income of the Assessee at Rs. 46,08,371/-.

5.

I have heard the rival contentions and gone thought the record. In the case in hand, there is no dispute about the fact that the Assessee had constructed a house out of sale proceeds of the 647 -Chd-2023 Sher Singh, Yamunanagar 3 agricultural land. The said fact has already bene verified by the Assessing Officer by sending Inspector at the house of the Assessee. There is also no plea that the Assessee is not residing in the said house or that the said house has not been constructed by the Assessee. It is also not the case of the Revenue that the Assessee is not residing with his mother. Merely because the plot of land on which the house has been constructed still stands in the name of the mother of the Assessee that, in my view, cannot be a ground to reject the calm of the Assessee u/s 54F of the Act, when, it has otherwise been proved on the file that the house has been constructed by the Assessee and the Assessee is residing in the said house along with his mother.

6.

So far as the quantum of deduction is concerned, the Assessee has furnished the valuation report from the approved valuer regarding the cost of construction. The Income Tax Inspector is not a qualified or technical person to assess the cost of construction. Moreover, the cost of construciton cannot be assessed by just vising the house without comparing the item wise details with the market price. It is a technical work which could have been got done by the Assessing Officer from Government valuer. However, no such exercise has been got done by the A.O. Under the circumstances, the report submitted by the approved valuer, who is a technically

1.

647 -Chd-2023 Sher Singh, Yamunanagar 4 qualified person in the said field, is to be given credence. In view of this, it is held that the A.O. is not justified in estimating the cost of construction at Rs. 25 lacs at the report of the Inspector. Therefore, the cost of construction is directed to be taken as per the approved valuer’s report at Rs. 55,82,750/-. Under the circumstances, after giving deduction u/s 54F of the Act to that extent, there will be no net capital gains. Accordingly, the additon made by the A.O. is ordered to be deleted.

7.

In the result, the appeal of the Assessee stands allowed.

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