“Section 54(1)”

NITIN BHATIA,HYDERABAD vs. ITO., WARD-12(1), HYDERABAD

In the result, the appeal filed by the assessee is allowed

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1472/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Shri Nitin Bhatia Vs. Income Tax Officer Hyderabad Ward 12 (1) Pan:Akqpb1898R Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Y.V Bhanu Narayan Rao राज" व "ारा/Revenue By:: Shri S. Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 16/12/2025 घोषणा की तारीख/Pronouncement: 24/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.:

Nitin Bhatia new residential property within two years from the date of transfer of the original residential house, the substantive condition under section 54(1) of the Act stood fully complied with and that the denial of deduction of Rs. 22,51,617/- was solely on account of non-deposit ... submitted that section 54(2) of the Act is only procedural and directory in nature and cannot override the substantive provision contained in section 54(1). In support, reliance was placed on the judgment of the Hon’ble Madras High Court in the case of Venkata Dilip Kumar

NEMI CHAND,GUDUR vs. ITO., WARD-1, GUDUR

In the result, appeal filed by the assessee is partly allowed in terms of our aforesaid observations

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1288/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Nemi Chand, Vs. Income Tax Officer, 1-2-8/11A, 302, 3Rd Floor, Ward-1, Srinivas Street No.1, Guduru. Himayat Nagar, Hyderabad, Telangana. Pan: Achpr2242L (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri Sridhar Jhawar, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Date Of 26/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 13/06/2025 Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “Act”), Dated 23/04/2021 For The Assessment Year 2018-19. The Assessee Has 2 Nemi Chand Vs. Ito Assailed The Impugned Order On The Following Grounds Of Appeal Before Us: 1. “Whether On The Facts & Circumstances Of The Case & In Law Whether The Order Of The Learned Commissioner Of Income Tax Was Pervasive In Considering The Income From Capital Gains As Business Income In Terms Of Provisions Of Section 2(14) Read With Section 2(47) 2. Whether On The Facts & Circumstances Of The Case & In Law. Whare Capital Gain Was Invested In Purchase/Construction Of Residential House Within Time Limit Prescribed Under Section 2 54(1), Assessment Order Allowing Assesses Claim Under Section 54 Could Not Be Treated As Erroneous & Prejudicial To Interest Of Revenue Only Because Capital Gain Was Not Deposited In Capital Gain Account Scheme. 3. Any Other Ground (If Any) That May Be Urged At The Time Of Hearing.”

sale consideration was not deposited in Capital Gain Account Scheme, the investment made in the residential houser was entitled for deduction under section 54(1) of the Act. 15. Per contra, Dr. Sachin Kumar, the Learned Senior Departmental Representative (for short, “Ld. Sr. DR”) relied upon the orders

DCIT., (INTERNATIONAL TAXATION)-1, HYDERABAD vs. SYAMA REDDY MALI REDDY, HYDERABAD

equivalent of price by payment in kind\nor adjustment towards an old debt or for other monetary consideration\nfrom its legal meaning in section 54(1) of the Income Tax Act\nIf you sell your house and make a profit, pay Caesar what is due to him.\nBut ... build another subject to the conditions of section 54(1)\nyou are exempt.\nFurther reliance is placed on the decision of Hon'ble jurisdictional ITAT\nin the case of Pradeep Kumar Chowdhry Vs Deputy Commissioner of\nIncome-tax, Circle-1 (1), Hyderabad (2015) 55 taxmann.com 81\n(Hyderabad Trib.) adjudicating