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124 results for “disallowance”+ Section 54Fclear

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Key Topics

Section 54F227Section 54159Section 143(3)89Addition to Income72Deduction71Section 26350Exemption50Long Term Capital Gains46Disallowance45Section 153A

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

Appeal of the Revenue stands dismissed

ITA 2604/DEL/2023[2016-17]Status: DisposedITAT Delhi23 Jun 2025AY 2016-17

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

For Appellant: S/Shri Anuj Garg & Narpat Singh, Sr.DRFor Respondent: S/Shri Rohan Khare & Priyam
Section 271(1)(c)Section 54F

section 54F of the Act is for first time and there is no similar precedent of disallowance of deduction under

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

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

ITA 341/DEL/2025[2016-17]Status: Disposed

Showing 1–20 of 124 · Page 1 of 7

39
Capital Gains39
Section 143(2)36
ITAT Delhi
21 Nov 2025
AY 2016-17

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)

Section 133(6)Section 142(1)Section 143(2)Section 250Section 54BSection 54ESection 54F

Section 54F of Act for an amount of Rs.21,28,34,670/- on investment in residential property with “The Camellias” 4 in DLF Ltd. despite owning more than one residential property. Share transfer expenses of Rs.44,10,634/- were disallowed

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

ITA 7008/DEL/2019[2011-12]Status: DisposedITAT Delhi15 Dec 2025AY 2011-12

Bench: Shri Mahavir Singh & Shri Krinwant Sahay

Section 143(3)Section 54Section 54F

54F of the Act on the given facts and circumstances of the case. For this, the Revenue has raised various grounds which are argumentative and exhaustive and hence, will be covered in the decision. 3. Brief facts are that the Assessing Officer completed assessment under Section 143(3) of the Act and disallowed

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

In the result, the appeal of the Revenue is dismissed

ITA 1459/DEL/2023[2020-21]Status: DisposedITAT Delhi18 Aug 2025AY 2020-21
For Appellant: Shri Kanchan Kaushal, AdvocateFor Respondent: Shri Rajesh Tiwari, Sr. DR
Section 143(2)Section 54F

disallowance of\nRs.1,54 28,619/- being the index cost of acquisition made in the impugned\nassessment order.\"\n6. After considering the detailed submissions of the assessee, ld. CIT (A)\nallowed the claim of the assessee under section 54F

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

ITA 7409/DEL/2019[2011-12]Status: DisposedITAT Delhi15 Dec 2025AY 2011-12

Bench: Shri Mahavir Singh & Shri Krinwant Sahay

For Appellant: Shri Ajay Wadhwa, Shri Saksham Garg and Ms. Ragini Handa, AdvocatesFor Respondent: Ms. Monika Singh, CIT-DR
Section 143(3)Section 54Section 54F

54F of the Act on the given facts and circumstances of the case. For this, the Revenue has raised various grounds which are argumentative and exhaustive and hence, will be covered in the decision. 3. Brief facts are that the Assessing Officer completed assessment under Section 143(3) of the Act and disallowed

THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. LATA GOEL

ITA - 127 / 2025HC Delhi30 Apr 2025

Bench: The Learned

Section 132Section 143(3)Section 147Section 148Section 153ASection 260ASection 54F

disallowance under Section 54F of the Act in terms of the order dated 18.03.2019 passed under Section 250 of the Act. The Assessee

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

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

ITA 1834/DEL/2021[20017-18]Status: DisposedITAT Delhi06 Aug 2025

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

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 143(3)Section 49(4)Section 56(2)(vii)

54F" is disallowed if the assessee "Owns" more than 1 residential house. That in the case of the appellant the appellant only had a proportionate 1/4th "Right" in the Property and the "Ownership" of the property was transferred on a later date in the month of March 2017 when the property was "mutated". The disallowance under Section

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

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

ITA 1205/DEL/2021[2017-18]Status: DisposedITAT Delhi06 Aug 2025AY 2017-18

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

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 143(3)Section 49(4)Section 56(2)(vii)

54F" is disallowed if the assessee "Owns" more than 1 residential house. That in the case of the appellant the appellant only had a proportionate 1/4th "Right" in the Property and the "Ownership" of the property was transferred on a later date in the month of March 2017 when the property was "mutated". The disallowance under Section

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

ITA 3188/DEL/2023[2017-2018]Status: DisposedITAT Delhi17 Sept 2025AY 2017-2018

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’).

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. SR
Section 143(3)Section 263Section 54Section 54F

disallowance.” d) ACIT vs Vinay Girish Bajpai in ITA no. 7676/Mum/2019 order dated 01.02.2022 (Mum Bench) “11. Upon careful consideration, we find that assessee has complied with the condition mention under section 54 of the IT Act to claim the exemption. As pointed out by the Ld. Counsel of the assessee above, the handing over of the possession was delayed

SNEH GUPTA,NEW DELHI vs. ACIT, CIRCLE-32(1), DELHI, DELHI

In the result, the appeal filed by the assessee is allowed on both counts on merit as well as jurisdictional issue raised by the assessee in the additional ground of appeal

ITA 3928/DEL/2024[2016-17]Status: DisposedITAT Delhi22 Sept 2025AY 2016-17

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Manoj Kumar, CIT DR
Section 143(2)Section 54F

section 54F on ground that construction was not complete within specified period." • Subramanian Swaminathan v. ACIT, [2023] 152 taxmann.com 72 (Delhi- Trib.) "Whether since amounts for purchase of property and construction thereon were paid duly within relevant period, as prescribed under law and that too from Capital Gains Account, disallowance

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

In the result, appeal of the Revenue is dismissed

ITA 1809/DEL/2021[2018-19]Status: DisposedITAT Delhi06 Apr 2023AY 2018-19

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)

For Appellant: Shri Somil Agarwal, AdvFor Respondent: Shri Kanav Bali, Sr. DR
Section 133ASection 54FSection 54F(1)(b)Section 69A

section 54F(1)(b) of the Act, and computed the exempt value of capital gain at Rs. 14,93,596/- as against the assessee’s claim of Rs. 28,94,757/- by recording his findings in para 6.4 to 6.8 as under:- “6.4 I have carefully perused the observation of the AO in the matter of disallowance

ANJU AHUJA,NEW DELHI vs. PCIT CIRCLE 49(1), NEW DELHI

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

ITA 273/DEL/2023[2017-18]Status: DisposedITAT Delhi20 Dec 2023AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Nitin Kanwar, AdvFor Respondent: Mr. Zafarul Haque Tanweer, CIT-DR
Section 143(3)Section 263Section 54F

Section 54F of the Act and accordingly same should be disallowed. 6.2 As further observed, the assessee has also failed

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

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

ITA 1250/DEL/2024[2020-21]Status: DisposedITAT Delhi29 Aug 2024AY 2020-21

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)

For Appellant: Sh. Shailesh Kumar, CA
Section 143(3)Section 144C(13)Section 54Section 54F

disallowance of deduction under section 54 to assessee. f) N Ram Kumar vs. ACIT [2012] 25 taxmann.com 337 (Hyd. ITAT ) - The assessee purchase d a flat in the name of her Simran Bagga minor daughter and claimed deduction u/s 54F

COMMISSIONER OF INCOME TAX –V vs. KAPIL NAGPAL

ITA/609/2014HC Delhi11 Sept 2015
Section 143Section 260Section 271Section 54Section 54F

Section 54F amounting to Rs. 2,21,69,090 should not be disallowed and why penalty under Section 271 (1) (c) should

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

ITA 607/DEL/2020[2016-17]Status: DisposedITAT Delhi02 Nov 2022AY 2016-17

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

Section 139Section 139(1)Section 139(4)Section 54Section 54(1)Section 54(2)

disallowance of Rs. 5,70,95,075/-. The Ld. AO was of the opinion that the assessee has failed to deposit the sale consideration in CGAS before the due date of filing of income under section 139 (1) of the Act and added back the same to assessee’s total income as Long Term Capital Gain. Aggrieved by the assessment

ITO, WARD-29(5), NEW DELHI vs. AMRISH GUPTA, NEW DELHI

In the result, appeal is dismissed

ITA 913/DEL/2019[2015-16]Status: DisposedITAT Delhi30 May 2022AY 2015-16

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kediaassessment Year: 2015-16

Section 54F

disallowed assessee’s claim of deduction under Section 54F of the Act. 6. Contesting the aforesaid disallowance made by the Assessing

GIRISH MOHAN,HARYANA vs. ACIT, CIRCLE-1(1), GURGAON

In the result, appeal of the assessee is partly allowed

ITA 8816/DEL/2019[2016-17]Status: DisposedITAT Delhi14 Jul 2023AY 2016-17

Bench: Shri C.M. Garg & Shri M. Balaganeshgirish Mohan, Vs. Acit, 725, Udyog Vihar, Phase-2, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan:Aaqpm4017P Assessee By : Sh. P. C. Yadav, Adv Sh. Raghav Sharma, Ca Revenue By: Sh. Vipul Kashyap, Sr. Dr Date Of Hearing 19/04/2023 Date Of Pronouncement /07/2023

For Appellant: Sh. P. C. Yadav, AdvFor Respondent: Sh. Vipul Kashyap, Sr. DR
Section 54F

section 54F of the Act, if it otherwise a residential house, and the assessee is found to have constructed a residential house, whatever might be the house it had been put to, the assessee can be said to have fulfilled the conditions envisaged u/s 54F of the Act. 11. Further, the assessee has also relied on the order

SHRI INAMUL HAQ,SAHARANPUR vs. ITO, SAHARANPUR

In the result, the appeal of the assessee is allowed

ITA 3300/DEL/2016[2009-10]Status: DisposedITAT Delhi10 Oct 2025AY 2009-10

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2009-10 Shri Inamul Haq S/O Sh. Mohd. Vs. Income Tax Officer, Yamin, Vill.Megh Chhappar, Ward-2. Ambalaa Road, Saharanpur (U.P) Saharanpur Pan: Aaiph2840K (Appellant) (Respondent)

For Appellant: Shri Ankit Gupta, AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 139(4)Section 143(2)Section 147Section 148Section 151Section 250(6)Section 50CSection 54Section 54FSection 54F(4)

disallowance of exemption under Section 54F claimed by the assessee against the Long Term Capital Gain is as under: “a) That

JAGDISH PARSHAD JAIN,PANIPAT vs. DCIT CENTRAL CIRCLE KARNAL, KARNAL

In the result, the appeal of the assessee is allowed

ITA 3300/DEL/2024[2017-18]Status: DisposedITAT Delhi16 Jan 2025AY 2017-18

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2009-10 Shri Inamul Haq S/O Sh. Mohd. Vs. Income Tax Officer, Yamin, Vill.Megh Chhappar, Ward-2. Ambalaa Road, Saharanpur (U.P) Saharanpur Pan: Aaiph2840K (Appellant) (Respondent)

For Appellant: Shri Ankit Gupta, AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 139(4)Section 143(2)Section 147Section 148Section 151Section 250(6)Section 50CSection 54Section 54FSection 54F(4)

disallowance of exemption under Section 54F claimed by the assessee against the Long Term Capital Gain is as under: “a) That

KANWAR SINGH TANWAR,DELHI vs. DCIT, CIRCLE 19(1), DELHI, NEW DELHI

Appeal is allowed

ITA 1519/DEL/2025[2021-22]Status: DisposedITAT Delhi13 Jan 2026AY 2021-22
Section 143(2)Section 143(3)Section 54F

Section 54F of the Income Tax Act, 1961, for the purchase and construction of a residential house on agricultural land, arising from the sale of unlisted shares. The Assessing Officer (AO) disallowed