ITO v. Sushila M. Jhaveri

107 ITD 327Income Tax Appellate Tribunal2007#3307 most cited

What is ITO v. Sushila M. Jhaveri authority for?

Two or more residential units with a common entrance, kitchen, and passage are considered a single residential house for the purpose of claiming exemption under Section 54/54F of the Income Tax Act, 1961.

36

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

ITO v. Sushila M. Jhaveri · Section 54 · Section 54F · single residential house · two flats · common entrance · common kitchen · aggregate consideration · capital gains exemption

Issues it is cited on

Judgments citing ITO v. Sushila M. Jhaveri

NILUFER SAYED,MUMBAI vs. ITO - 21(1)(3), MUMBAI

The appeal stands allowed in terms of our above order

ITA 3474/MUM/2019[2011-12]Status: DisposedITAT Mumbai25 Jan 2021AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.3474/Mum/2019 (िनधा"रण वष" / Assessment Year: 2011-12) Nilufer Sayed Income Tax Officer-25(3)(5) बना A-601, Leela Sagar Mumbai. म/ Yari Road, Versova Vs. Andheri West, Mumbai-400 061. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Cgtps-8161-H (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Stany Saldanha-Ld. Ar Revenue By : Shri Tharian Oommen- Ld. Dr सुनवाई की तारीख/ : 19/01/2021 Date Of Hearing घोषणा की तारीख / : 25/01/2021 Date Of Pronouncement

For Appellant: Shri Stany Saldanha-Ld. ARFor Respondent: Shri Tharian Oommen- Ld. DR
Section 143(3)Section 54Section 54(1)

…trix, Ld. AO opined that the deduction would be available to the extent of investment made in one flat only since the flats were located totally at two different locations. Reliance was placed on the decision of Mumbai Tribunal (SB) in Sushila M.Jhaveri (2007 107 ITD 327) while taking the said view. Accordingly, the deduction u/s 54 was restricted in the aforesaid manner. The stand of Ld. AO, upon confirmation by Ld. CIT(A), is under challenge before us. Our Adjudication 4.1 We find that the provisions of Sec. 54 of the Income Tax Act, 1961 as it stood during AY 2011-12, provides for a deduction 3 Nilufer Sayed…

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