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26 results for “capital gains”+ Section 54Fclear

Sorted by relevance

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Key Topics

Section 54F83Section 5423Capital Gains19Exemption17Deduction15Section 143(3)11Section 2(24)(vi)8Section 488Section 2638Section 54E

ROSE GEORGE KOLLANUR,THRISSUR vs. ITO WARD 2(2), THRISSUR, THRISSUR

In the result, the appeal by the assessee is allowed

ITA 610/COCH/2022[2014-2015]Status: DisposedITAT Cochin19 Dec 2022AY 2014-2015

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2014-15

For Appellant: Shri V Ramnath, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 143(3)Section 54Section 54F

gains either in purchasing the residential house or in constructing a residential house within the period stipulated in Section 54F(1), if the assessee wants the benefit of Section 54F, then he should deposit the said capital

SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

Showing 1–20 of 26 · Page 1 of 2

8
Section 139(1)7
House Property6

In the result, appeal in ITA No

ITA 566/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

section 54F(1) which reads as follows – Capital gain on transfer of certain capital assets not to be charged in case

SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

In the result, appeal in ITA No

ITA 613/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

section 54F(1) which reads as follows – Capital gain on transfer of certain capital assets not to be charged in case

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.E.M.PAUL, EDAKATTUKUDIYIL, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 449/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.TOMY MATHEW PARTNER OF MATHAI SONS, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 419/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

THE ACIT, CIR-1(1), ERNAKULAM, ERNAKULAM vs. SRI.JOSE MATHEW, M/S.E.V.MTHAI & SONS, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 450/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.MATHAI XAVIER, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 451/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

SRI.ESSA ISMAIL SAIT,ERNAKULAM vs. THE ACIT,CIR-2(1),, ERNAKULAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 605/COCH/2005[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

THE ITO, WARD-2, THODUPUZHA, THODUPUZHA vs. SRI.MARTIN JOHNY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 354/COCH/2006[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.E.J.SONY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 355/COCH/2006[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

THEACIT, CIR-1(1),EKM, ERNAKULAM vs. SRI.E.M.JOHNY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 453/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)(vi)Section 48

54F In respect of the new house property purchased 75,00,000 x 2787338/27495000) Rs. 7,60,321 Taxable Capital Gains Rs. 20,27,017 Gross Total Income (-) Rs. 2,65,315/- Net Taxable income NIL T.D.S. Rs.24,000 Tax refundable Rs. 24,000 5.3 The return was accompanied by a Profit and Loss A/c. and Balance Sheet in respect

THE ITO,, COCHIN vs. LATE SRI.K.SASIDHARAN REP BY SMT. K.P.SAILAJA, COCHIN

In the result, the appeal filed by the Revenue is partly allowed for

ITA 56/COCH/2017[2006-07]Status: DisposedITAT Cochin10 Jul 2018AY 2006-07

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

Section 10(37)Section 139(1)Section 143(3)Section 263Section 54Section 54FSection 54F(4)

gain is exempt u/s 10(37), alternate claim for deduction u/s 54F was first raised before the assessing officer during the course of hearing, the assesse failed to comply with the condition stipulated under section 54F(4) of the Act of depositing of unutilized amount in the Capital

REJI KRISHNAN,TRIVANDRUM vs. ITO, WARD-1(1), TRIVANDRUM

In the result, the appeal filed by the assessee is partly allowed and the stay application is dismissed as infructuous

ITA 267/COCH/2024[AY 2018-2019]Status: DisposedITAT Cochin26 Jul 2024

Bench: Shri Chandra Poojari & Shri Soundararajan K

For Appellant: Dr. Abhishek Murali, CAFor Respondent: Sri. Sanjit Kumar Das, CIT-DR
Section 143(2)Section 234Section 54F

section 54F, which reads as under:- “[54F. Capital gain on transfer of certain capital assets not to be charged in case

KUMAR MADHAVANPILLAI.S,THIRUVANANTHAPURAM vs. ITO, WARD-1(4), TRIVANDRUM

In the result, the appeal of the assessee is hereby allowed

ITA 461/COCH/2024[2017-2018]Status: DisposedITAT Cochin03 Oct 2024AY 2017-2018

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Kumar Madhavanpillai S. Income Tax Officer -1(4) Chandra Press & Book Depot Aayakar Bhavan, Kowdiar P.O. Manjalikulam Road Thiruvananthapuram 695003 Vs. Thampanoor Thiruvananthapuram 695001 [Pan: Ajxps9299P] (Appellant) (Respondent)

For Appellant: Shri Anil Krishnan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 50Section 54

capital gain in pursuance to the provisions of section 50 of the Act irrespective of the period of holding. However, there is no such distinction made under the provisions of section 54/ 54F

PUTHUVAMANA RAMANI,KOCHI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI-1, KOCHI

In the result, the appeal by the assessee is allowed

ITA 574/COCH/2022[2017-2018]Status: DisposedITAT Cochin19 Dec 2022AY 2017-2018

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.Assessment Year : 2017-18

For Appellant: Shri Narayanan P Potty, AdvocateFor Respondent: Shri M. Rajasekhar, CIT(DR)
Section 139(1)Section 143(2)Section 143(3)Section 263Section 45Section 54ESection 54F

Gain in Assets under Section 54F. Appellant paid Rs.1, 20, 00,000.00 to the Land Owner before filing of her Income Tax return under Section 139(1) and deposited 35, 00,000.00 in Capital

SRI. MAMMEN ADENETH PAPPY,PATHANAMTHITTA vs. THE ITO,, THIRUVALLA

In the result, the appeal filed by the assessee is partly allowed for statistical

ITA 498/COCH/2018[2012-13]Status: DisposedITAT Cochin08 Apr 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 139(1)Section 139(4)Section 54F

gains on transfer of capital asset in investment in residential building as specified in section 54F(1) of the Act on the reason

PALAKUNNATHU KANNAMPATHU SUSHIL KUMAR,NADAKKAVU vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE

In the result, the assessee’s appeal is dismissed

ITA 247/COCH/2021[2016-17]Status: DisposedITAT Cochin19 Dec 2022AY 2016-17

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.Assessment Year : 2016-17

For Appellant: Shri Richard Mathew, CAFor Respondent: Shri M Rajasekhar, CIT(DR)
Section 263Section 45Section 54F

gains in the year of issue of completion certificate. There would not have been a question of inappropriate claim of deduction under section 54F as pointed out by PCIT had the provisions of Section 45(5A) been inserted with effect from AY 16-17. The asssessee had no option to defer tax on capital

THE ACIT, COCHIN vs. DR. RAMESH KUMAR ISWARA, COCHIN

In the result, the appeal filed by the Revenue is dismissed

ITA 122/COCH/2016[2006-07]Status: DisposedITAT Cochin08 Jun 2017AY 2006-07

Bench: S/Shri Abraham P. George, Am & George George K., Jm

Section 143(3)Section 148Section 234(1)Section 234BSection 50BSection 54ESection 54F

section 54F(4) requirement to make deposits in Capital Gains Accounts Scheme has no application. For the above proposition, the Ld. Counsel

SMT.HALIMA ZUBAIR,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 116/COCH/2016[2011-12]Status: DisposedITAT Cochin01 Apr 2019AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Surendranatha RaoFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 10(37)Section 2(14)Section 54F

54F if he was of the opinion that the land transferred was a capital asset and the amount received on transfer of this land was chargeable capital gains. He should have appreciated that the decision of the Honourable Supreme Court in Goetze (lndia) Limited v. CIT (284 ITR 322) (SC) has only held that the Assessing Officer cannot consider

SMT SUNITHA PREM VICTOR,TRIVANDRUM vs. ITO WARD 2(3), TRIVANDRUM

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 1009/COCH/2022[2014-15]Status: DisposedITAT Cochin30 Oct 2023AY 2014-15

Bench: Shri Sanjay Arora & Shri Manomohan Dassunita Prem Victor The Income Tax Officer Tc 25/2813 Mathrubhumi Road Ward – 2(3) Vs. Vanchiyoor, Trivandrum 695035 Trivandrum [Pan:Akopv8566C] (Appellant) (Respondent) Assessee By: Ms. Divya Ravindran, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.10.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Against The Order Dated 26.10.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)],Partly Allowing Her Appeal Contesting Her Assessment Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Dated 27.12.2016 For Assessment Year (Ay) 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Returned Her Income For The Relevant Year On 18.12.2014 At Rs.5,67,250, Claiming Deduction Under Section 54 Of The Act At Rs.91,05,096 In Respect Of Construction Of A Residential House During The Relevant Year Against The Capital Gain Arising To Her On Sale Of 3 Pieces Of Land Sold During March, 2013 To November, 2013. The Claim Was, Admitting Her Mistake Inasmuch As The Capital Asset/S Sold Was Not A Residential House, Requested By The Assessee Vide Letter Dated 29.11.2016 For Being Considered U/S. 54F Of The Act; She Not Owning Any Other Residential House On The Date Of Transfer/S. Earlier, On 25.11.2016, A Revised Statement Of Income Was Filed Claiming Exemption With Reference To The Total

For Appellant: Ms. Divya Ravindran, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 139(1)Section 139(4)Section 139(5)Section 143(3)Section 54Section 54F

section 54 of the Act at Rs.91,05,096 in respect of construction of a residential house during the relevant year against the capital gain arising to her on sale of 3 pieces of land sold during March, 2013 to November, 2013. The claim was, admitting her mistake inasmuch as the capital asset/s sold was not a residential house, requested