DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

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

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

54F. (1) Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family, the capital gain

ARUN SHUNGLOO TRUST

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

KUSUM SAHGAL,GURUGRAM vs. ACIT,CIRCLE-19(2), DELHI

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

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2016-17 Kusum Sahgal, Through Lr Shri Vs. Acit, Circle-19(2), Viney Sagar Sahgal, New Delhi Mg-2002, The Magnolias, Golf Course Road Dlf Phase-V, Gurugram, 122 002 Haryana Pan :Aatps3766J (Appellant) (Respondent)

capital gain arising from sale of land. 2 The revenue authorities finding that assessee had sold undivided share in land and not land plus residential house/apartments rejected assessee's claim for deduction under section 54. 12 3. As regards deduction under section 54F

ITO,WARD-30(1), NEW DELHI vs. VINOD GUGNANI, NEW DELHI

In the result, grounds of Appeal of the Revenue fails, consequently the Appeal filed by the Revenue is dismissed

Bench: Shri B. R. R. Kumar & Sh. Yogesh Kumar U.S.

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

BHUPINDER SINGH JULKA,NEW DELHI vs. ACIT, CIRCLE-INT. TAX. 2(1)(2), DELHI

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

Bench: Shri Kul Bharat & Shri M. Balaganesh

sections 54 and 54F of the IT Act, 1961. 15-10-1986 Capital gains Sections 54, 54F. Sections 54 and 54F

ANDREY ANDREEV,MUMBAI vs. CIT(INTERNATIONAL TAXATION)-(03), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 2002/Del/2019 : Asstt. Year : 2012-13 Andrey Andreev, Vs Cit(Intl. Taxation)-03, C/O Sushil Budhia Associates, New Delhi Ca, 1103, Level 11, Universal Majestic, Behind Rbk International School, Ghatkopar Mankhurd, Link Road, Chembur, Mumbai-400043 (Appellant) (Respondent) Pan No. Aglpa5288P Assessee By : Sh. Y. K. Kapur, Adv. & Sh. Bhushan Kapur, Adv. Revenue By : Ms. Sapna Bhatia, Cit Dr Date Of Hearing: 29.06.2022 Date Of Pronouncement: 13.07.2022

gain was made in a residential house outside India, i.e. in Malaysia.” 5. Quoting the provisions of sub-section (3) of Section 54F, the ld. CIT also held that “while it is true that the words ‘in India’ have not been mentioned in express terms in the section, I am of the opinion that the words ‘Capital

RAJ KUMAR,NEW DELHI vs. ITO,WARD-58(4), DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shukla

CAPITAL GAINS SECTION 54 SECTION 54F Secs. 54 and 54F of the IT Act, 1961, provide that capital gains arising

DCIT, CENTRAL CIRCLE-2, NOIDA vs. AJAY GOEL, HARYANA

In the result, the appeal of the Revenue is dismissed

capital gain. Thus,\nthe investment made in acquiring the new residential property in Pune is\neligible for deduction under section 54F

AZIZUL GHANI ,NEW DELHI vs. INCOME TAX OFFICER - ITO WARD 63(3) NEW DELHI, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarazizul Ghani Vs. Ito, Ward 63(3) 1407 Pan Mandi E-2, Block, Civic Centre, Sadar Bazar, New Delhi – 110002 Delhi – 110006 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aajpg7737K Appellant .. Respondent

capital gain is not to be charged under Section 45 of the said Act.” 7. Ratio of the decision squarely applies to the facts of the assessee’s case. We further observed that in the case of CIT Vs. Kapil Kumar Aggarwal (382 ITR 56) the Hon’ble Punjab & Haryana High Court held that section 54F

PHILLIP KOSHY,DELHI vs. DCIT CENTRAL CIRCLE-29, DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasad & Dr. B.R.R. Kumarआ.अ.सं/.I.T.A No.415/Del/2022 िनधा"रणवष"/Assessment Year: 2012-13 बनाम Phillip Koshy, Dcit, C/O K B Chandna & Co., E-27, Vs. Central Circle-29, Ndse-Ii, Delhi. Delhi. Pan No. Armpk8500C अपीलाथ" Appellant ""यथ"/Respondent

capital gain is not to be charged under Section 45 of the said Act.” 7. Ratio of the decision squarely applies to the facts of the assessee’s case. We further observed that in the case of CIT Vs. Kapil Kumar Aggarwal (382 ITR 56) the Hon’ble Punjab & Haryana High Court held that section 54F

ACIT CIRCLE-26(1), NEW DELHI vs. RAHUL NATH, NEW DELHI

In the result, the appeal of the Revenue is dismissed and the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Krinwant Sahay

Section 54F of the Act at ₹48,26,66,960/-. The facts relating to capital gain are that the assessee

DCIT, CC, GZBD , GZBD vs. ANJALI MITTAL , GZBD

In the result, appeal of the Revenue is dismissed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2018-19 Dy. Commissioner Of Vs. Smt. Anjali Mittal, Income Tax, B-7, Ashok Nagar, Central Circle, Ghaziabad-201 001. Ghaziabad. Pan Aigpm4257R (Appellant) (Respondent)

54F nowhere envisages that the sale consideration obtained by the assessee from original cost of new asset. Therefore, where investment made by the assessee, although not entirely sourced from capital gain, but was within stipulated time and more than capital gain earned by him, the assessee was entitled to exemption under section

RAHUL NATH,NEW DELHI vs. DCIT CIRCLE-26(1), NEW DELHI

In the result, the appeal of the Revenue is dismissed and the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Krinwant Sahay

Section 54F of the Act at ₹48,26,66,960/-. The facts relating to capital gain are that the assessee

RAJNI KUMAR WIFE OF SHRI BRIG. NARENDER KUMAR H.NO.394, SECTOR-21, GURGAONN,GURGAON vs. THE INCOME TAX OFFICER WARD-3(1), GURGAON, GURGAON

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

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumarrajni Kumar, Vs. Ito, Ward 3 (1), W/O Shri Brig. Narender Kumar, Gurgaon. House No.394, Sector 21, Gurgaon – 122 001 (Haryana). (Pan : Ayypk1781A) (Appellant) (Respondent) Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Sr Date Of Hearing : 19.08.2025 Date Of Order : 17.09.2025 O R D E R Per S.Rifaur Rahman,Am: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 27.09.2023 For The Assessment Year 2017-18 & The Assessment Order Was Passed Under Section 143(3) R.W.S. 263 Of The Income-Tax Act, 1961 (For Short ‘The Act’).

section 54F is only that the capital gain realized from the sale of capital asset should be parted by the assessee

THE COMMISSIONER OF INCOME TAX -INTERNATIONAL TAXATION-1 vs. REEMA CHAWLA

Appeals are dismissed

Section 54F is a beneficial provision and is applicable to an assessee when the old capital asset is replaced by a new capital asset in the form of a residential house. Once an assessee falls within the ambit of a beneficial provision, then the said provision should be liberally interpreted. The Supreme Court in CCE v. Favourite Industries

ARUN DWIVEDI,NEW DELHI vs. ACIT, CIRCLE-9(2), NEW DELHI

In the result, the appeal of the assessee is allowed

section 45 of the Act during the relevant period is\nreproduced as under:-\nCapital gains.\n8945. [(1)] Any profits or gains arising from the transfer of a capital\nasset effected in the previous year shall, save as otherwise provided in\nsections 2[***] [54, 54B, 4[***] 95[%[54D, 2\n7[54E, 8[54EA, 54EB,] 54F

ANIL BHARDWAJ,ZAMBIA vs. DCIT-ACIT-INT-TAX GURGAON, GURGAON

In the result, the Appeal filed by the Assessee is allowed

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.I.T.A. No. 1250/Del/2024 (A.Y 2020-21) Anil Bhardwaj Dcit/Acit 5994, Benakale Road, P. O Vs. International Tax, Box No. 31776, Northmead, Office Of Acit-Dcit Int- Near Rhodes Park School, Tax, Gurgaon Lusaka-10101, Zambia, Ny (Respondent) Pan No. Anlpb2321F (Appellant)

Section 54F. CAPITAL GAIN ON TRANSFER OF CERTAIN CAPITAL ASSETS NOT TO BE CHARGED IN CASE OF INVESTMENT IN RESIDENTIAL

DCIT, CIRCLE 22(2), NEW DELHI, NEW DELHI vs. SAHIL VACHANI, DELHI

Appeal of the Revenue stands dismissed

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Vikas Awasthy& Shriavdhesh Kumar Mishraआअसं.2604/िद"ी/2023(िन.व. 2016-17)

Capital Gains of Rs.9,01,50,051/-. For claiming deduction under section 54F of the Act against theLong-Term Capital