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8 results for “house property”+ Section 54Fclear

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Key Topics

Section 54F26Section 26313Deduction6Exemption4Section 543Section 143(3)3Capital Gains3Addition to Income3House Property2Disallowance

KANAK BHANJ DEO,BHUBANESWAR vs. ITO, WARD-5(3), BHUBANESWAR

In the result, appeal of the assessee is dismissed

ITA 21/CTK/2024[2017-2018]Status: HeardITAT Cuttack10 Jul 2024AY 2017-2018

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.21/Ctk/2024 (ननधाारण वषा / Assessment Year : 2017-2018) Kanak Bhanj Deo, Vs Ito, Ward-5(3), Bhubaneswar Plot No.2093/3341, Lane-5, Jaydev Vihar, Bhubaneswar, Odisha-751013 Pan No. :Angpb 4721 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri N.R.Biswal, Ca राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/07/2024 घोषणा की तारीख/Date Of Pronouncement : 10/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 16.11.2023, In Din & Order No.Itba/Nfac/S/250/2023- 24/1058002817(1) For The Assessment Year 2017-2018. 2. Brief Facts Of The Case Are That The Assessee Has Entered Into Joint Development Agreement (Jda) With The Builder On 13.01.2012 & Further Executed A Distribution Agreement On 05.11.2014 According To Which The Land Of The Assessee Was Given To The Developer For Construction Of Multistoried Building & As Per Distribution Agreement, In Consideration The Assessee Is Entitled For 26% Area In The Constructed Building. During The Impugned Year The Assessee Has Got Four Flats Having Total Area Of 4220.23 Sq.Ft. (Including 92.85 Sq.Ft. Additional Area) As The Sale Consideration Being 26% Of The Newly Constructed Building. Out Of The Said

For Appellant: Shri N.R.Biswal, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 54F

54F. [ Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house. (1) [Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family] [ Substituted by Act 18 of 2005, Section 18, for sub-Section (3) (w.e.f. 1.4.2006).], the capital

2
Long Term Capital Gains2
Limitation/Time-bar2

SATYARANJAN CHAND,BHUBANESWAR vs. DCIT CIRCLE -2(1), BHUBANESWAR

In the result, appeal of the assessee stands dismissed

ITA 125/CTK/2023[2015-16]Status: HeardITAT Cuttack15 Nov 2023AY 2015-16

Bench: Before Shri George Mathan, Judicialassessment Year : 2015-16 Satyaranjan Satyaranjan Chand, Chand, Plot Vs. Dy. Dy. Commissioner Commissioner Of Of 3Rd No.Ga-722, 722, 3 Floor, Income Income Tax, Tax, Circle Circle-2(1), Kalinga Nagar, K Kalinga Nagar, K-3-B, Po: Bhubaneswar Bhubaneswar Ghatikia, Bhubaneswar. Ghatikia, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aajpc 7891 A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Agrawal Walla, Ca Revenue By : Shri S.C.Mohanty, S.C.Mohanty, Sr Dr Date Of Hearing : 15/11 11/2023 Date Of Pronouncement : 15/11 /11/2023 O R D E R

For Appellant: Shri S.K.Agrawal walla, CAFor Respondent: Shri S.C.Mohanty
Section 263Section 54F

properties. However, at the end of the specified date, the assessee own only one residential house. A perusal of the proviso to section 54F

PRAVANSHU SAMANTARAY,CUTTACK vs. THE INCOME TAX OFFICER, WARD-1(1), CUTTACK, CUTTACK

In the result, appeal of the assesee is allowed

ITA 369/CTK/2025[2018-19]Status: DisposedITAT Cuttack24 Sept 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.369/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2018-2019) Pravanshu Samantaray, Vs Ito, Ward-1(1), Cuttack C/O : Adikanda Samantaray, At: Rajabagicha,Po Telenga Bazar Dist : Cuttack-753009 Pan No. : Acxps 7565 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Sr. Dr राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 24/09/2025 घोषणा की तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A), National Faceless Appeal Centre(Nfac), Delhi, Dated 29/04/2025, For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld. Ar That The Assesee Owned One Residential House Representing A Flat In Bhubaneswar Where The Assesee Is Staying. The Assesee Is Also Deriving Rental Income From A Commercial Property Jointly Owned By The Assesee & His Brothers & Sisters. It Was The Submission That The Commercial Property Was Received By The Assesee On The Demise Of His Father. It Was The Submission That The Said Commercial Property Was A Joint Owned Property With The Brothers & Sisters Of The Assesee. It Was The Submission That The Assesee Also Owned

For Appellant: Shri P.K.Mishra, Sr. DRFor Respondent: Shri Vijay Singh, Sr. DR
Section 4Section 54ASection 54F

Section 54F of the Act clearly shows that the assesee should not own more than one residential house other than the new assets on the date of transfer of the original asset. The words used is “residential house”, admittedly, the property

INCOME TAX OFFICER, PURI vs. KRUSHNA CHANDRA PUJAPANDA, PURI

In the result, appeal of the revenue stands partly allowed for statistical purposes and the cross objection of the assessee stands dismissed

ITA 448/CTK/2024[2022-23]Status: DisposedITAT Cuttack05 Dec 2025AY 2022-23

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.448/Ctk/2024 C.O. No.06/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2022-23) Income Tax Officer, Aayakar Vs Krushna Chandra Pujapanda, Bhavan, Penthakata, Puri Matimandap Sahi, H.O.Puri Town, Puri. Pan No. : Abdpp 0879 N .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Ashok Kumar Chatterjee, Ca : Shri Ashim Kumar Chakraborty, Ld Cit राज"व क" ओर से /Revenue By Dr सुनवाई क" तार"ख / Date Of Hearing : 5 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 5 /12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Dated 4.9.2024 Passed By Ld Cit(A), Nfac, Delhi In Appeal No.Nfac/2021-22/10363554 For The Assessment Year 2022-23. 2. The Cross Objection Is Filed By The Assessee In Appeal Filed By The Revenue In Ita No.448/Ctk/2024. 3. Shri Ashok Kumar Chatterjee, Ld Ar Appeared For The Assessee & Shri Ashim Kumar Chakraborty, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri Ashok Kumar Chatterjee, CA
Section 54Section 54F

property has taken place from M/s. Peerless Hotels Ltd., to M/s. Pujari Estate & Developers Pvt Ltd., it was submitted that the position still remains as advance only and the transfer has not taken place. It was the further submission that the ld CIT(A) has granted the benefit of section 54F of the Act and that should be upheld

SRI SATYABRATA PUJAPANDA,PURI vs. ITO,PURI WARD, PURI, PURI

In the result, appeal for the assessment year 2015-2016 in ITA

ITA 433/CTK/2018[2016-17]Status: DisposedITAT Cuttack30 Jan 2023AY 2016-17
For Appellant: Shri B.Panda, Senior Advocate with Shri B.R.Panda, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 54Section 54F

property also shows that one floor is being used by the assessee as his residential house. This being so, we are of the view that the assessee is entitled to claim under Section 54F

SRI SATYABRATA PUJAPANDA,PURI vs. ITO, PURI WARD, PURI, PURI

In the result, appeal for the assessment year 2015-2016 in ITA

ITA 432/CTK/2018[2015-16]Status: DisposedITAT Cuttack30 Jan 2023AY 2015-16
For Appellant: Shri B.Panda, Senior Advocate with Shri B.R.Panda, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 54Section 54F

property also shows that one floor is being used by the assessee as his residential house. This being so, we are of the view that the assessee is entitled to claim under Section 54F

SANGRAM KESHARI SAMANTARAY,BHUBANESWAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, BHUBANESWAR

ITA 12/CTK/2020[2012-13]Status: DisposedITAT Cuttack28 Oct 2021AY 2012-13
For Appellant: Shri D.Parida/C.Parida, ARFor Respondent: Shri M.K.Gautam, CITDR
Section 143(3)Section 147Section 263

Housing Projects ltd. (2012) 343 ITR 329; vi) Aditi Aggarwal Vs. Pr.CIT, ITA No.21/Chd/2021, order dated 20.09.2021; vii) Sh. Jaswinder Singh Vs. CIT-II, ITA No.690/Chd/2010, order dated 09.03.2012; viii) Shri Sunil Chhagan Bhaybhang Vs. Pr.CIT, ITA No.932/PUN/2016, order dated 07.03.2019; and ix) Raghunath Exporters Vs. Pr.CIT, ITA No.92/Kol/2017, order dated 10.11.2017. 10. It was also submitted

KELLA TRADING COMPANY (HUF),KORAPUT vs. PRINCIPAL CIT, SAMBALPUR

In the result, appeal of the assessee is allowed

ITA 92/CTK/2021[2016-17]Status: DisposedITAT Cuttack15 Nov 2022AY 2016-17

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2016-17 Kella Kella Trading Trading Company Company Vs. Pr. Cit, Sambalpur Pr. Cit, Sambalpur (Huf), Kella Street, Jeypore, (Huf), Kella Street, Jeypore, Koraput-764001 764001 Pan/Gir No. Pan/Gir No.Aamhk 1172 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.C.Sethi, Ar P.C.Sethi, Ar Revenue By : Shri M.K.Gautam, Cit , Cit Dr Date Of Hearing : 15/11 11/2022 Date Of Pronouncement : 15/11 11/2022 O R D E R

For Appellant: Shri P.C.Sethi, ARFor Respondent: Shri M.K.Gautam, CIT
Section 142(1)Section 143(3)Section 263Section 54F

section 54F had been amended to replace the word “a” with word “one”. It was the submission that the assessee was entitled to deduction u/s.54F only in respect of one residential house whereas the assessee has claimed exemption u/s.54F in respect of entire 37425 sq.ft. It was the submission that the Assessing Officer by not applying the correct