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)

property and entering into an agreement for construction of house with the builder. 8.5 Admittedly, it is established that whenever there is a difference between the returned income and assessed income, there is an inference of concealment and Explanation 1 to Section 271(1)(c) of the Act raises a presumption which is always rebuttal. There is no quarrel about

SH. ADARSH KUMAR SWARUP,MUZAFFARNAGAR vs. DCIT, MUZAFFARNAGAR

In the result, the appeal of the Assessee is allowed in the

Bench: Shri H.S. Sidhuassessment Year: 2011-12

house properties with the assessee apart from new property purchased during the year, which are as under:- Delhi Kothi 5,55,504/- Mussorie Flat 4,77,500/- As per proviso of section 54F(1

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.

property or constructing the 8 ITO Vs. Vinod Gugnani residential house within the period stipulated in Section 54F(1). The proviso

KAPIL KUMAR AGARWAL,GURGAON vs. DCIT, GURGAON

Appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishikapil Kumar Agarwal, Vs. Dcit, C/O. Ipsaa House Anm & Circle-1(1), Associates, J021A, Mayfiled Gurgaoon Gardens, Sector-51, Gurgaon Pan: Aacpa2412L (Appellant) (Respondent)

property and provisions of Section 54F were/are applicable to all other assets, not being a residential house. In J.R. Suhramanya Bhat (supra). Karnataka High Court noticed language of Section 54 which stipulated that the assessee should within one year Kapil Kumar Agarwal Vs DCIT from the dale of transfer purchase, or within a period of two years thereafter, construct

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

In the result, the appeal of the Revenue is dismissed

1-4-1997 by using the\nexpression 'owned wholly or partly'. So, the word 'own' would not include a case where\na residential house is partly owned by one person or partly owned by other\nperson(s). Since, the Legislature has not amended the provisions of section 54F, it has\nto be held that the word own' in section 54F

SH. BRIJ BHUSHAN TAYAL,NEW DELHI vs. ACIT, NEW DELHI

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

Bench: Shri H.S. Sidhu

1, 2015, which makes it clear that benefit of section 54F will be applicable to one residential house in India. Prior to the amendment it was clear that a residential house would include multiple residential units. 13 20. Further as per the provisions of section 54 it cannot be denied that the new residential House Property

RAMESH CHANDER BHASIN,NEW DELHI vs. ITO WARD - 53(5), NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

property is also considered as residential house in the context of proviso to Section 54F of the I.T. Act, 1961. ? Section 54F of the I.T. Act, 1961 reads as under : “Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house. 54F. (1

RAM MOHAN RAI,NEW DELHI vs. ACIT, NEW DELHI

In the result ground No. 2 and 3 of the appeal of the assessee is allowed

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiram Mohan Rai, Vs. Acit, A-8/25, Vansant Vihar, Circle-33(1), New Delhi New Delhi Pan:Aaapr0728C (Appellant) (Respondent)

house should be pg. 3 Ram Mohan Rai ACIT 6612/Del/2016 AY 2013-14 understood in a sense that building should be of residential in nature and "a" should not be understood to indicate a singular number. The combined reading of sections 54(1) and 54F of the Income-tax Act discloses that, a non-residential building can be sold

SMT. RITU SINGH,DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2012-13

properties purchased before due date of filing belated return i.e. 31.03.2014. This contention of the Ld. AO has been assailed by the Ld. AR on the ground that the assessee had filed her return for AY 2012- 13 under section 139(4) of the Act on 25.10.2013 well before 31.03.2014 9 upto which date she could file her belated return

YASH SUNEJA,NEW DELHI vs. ACIT, CIRCLE-42(1), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri R.K. Panda & Shri K.Narasimha Chary

house property and 1 floor was actually claimed to have been rented; that the property was not capitalised as business asset and no depreciation was claimed in respect of the same; that the proviso (b) to section 54F

RAJEEV VASUDEVA,DELHI vs. DCIT CIRCLE INTERNATIONAL TAXATION 3(1) , DELHI

In the result, appeal of the assessee is partly allowed

Bench: us, the only effective issue to be decided in this appeal is as to whether the learned CIT(A) was justified in confirming the action of the learned AO in denying the claim of exemption under section 54F of the Act in the facts and circumstances of the instant case.

house property on the date of transfer of original capital asset and accordingly would be entitled for claim of exemption under section 54F of the Act in the sum of Rs.3,83,55,102/-. Accordingly, ground nos. 1

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

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

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

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

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" 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

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

property outside India were eligible for exemption under section 54/54F of the Income Tax Act. For the sake of ready reference, the relevant portion of the provisions of the Act is reproduced hereunder: “Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house. 54F. (1

SRI OMKAR CHADHA,NEW DELHI vs. ITO, NEW DELHI

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

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 346/Del/2017 : Asstt. Year : 2012-13 Sh. Omkar Chadha, Vs Income Tax Officer, I-39, Jangpura Extn., Ward-54(3), New Delhi-110014 New Delhi (Appellant) (Respondent) Pan No. Aaepc8329G Assessee By : Sh. K. Sampath, Adv. Revenue By : Ms. Rakhi Vimal, Sr. Dr Date Of Hearing: 25.06.2020 Date Of Pronouncement: 13.07.2020

house over and above the existing residential property of the appellant at JungPura extension, spending in the process Rs. 24.2 lakh for additional construction of area 40 m2. In this backdrop, the appellant has made the computation of capital gains and the claim of exemption under section 54F as under: 3 Omkar Chadha Minimum Value as per 1

SANJIV AHUJA,DELHI vs. ITO (INTERNATIONAL TAXATION), DELHI

In the result, the appeal is allowed

Bench: Shri R.K. Pandaasstt. Year 2012-13

1), expression ‘ a residential house’ included within its ambit plural numbers as well and thus it cannot be construed as one residential house only. He submitted that in that case also the assessee had purchased two different house properties at two different places i.e one property at Koramangala and the other property at Domlur II stage Bangalore respectively on 23rd

CIT vs. RAVINDER KUMAR ARORA

house purchased jointly with his wife. The AO, therefore, allowed 50% of the exemption claimed under Section 54F of the Act as against total claim of `3,18,59,276/- made by the assessee. The AO allowed claim only to the extent of `1,59,29,638/- and the balance 50% being `1,59,29,638/- was disallowed. 4. Aggrieved

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. (1) Subject to the provisions of sub-section (4), where, in the case of an assessed being an Individual or a Hindu .undivided family, the capital gain arises from the transfer of any long-term capital asset, not being a residential house (hereafter in this section referred to as the original asset), and the assessed has, within a period

VINAY CHAUDHARY,PITAMPURA vs. ACIT INT TAX 1(2)(1), DELHI

In the result, the appeal of the assesse is allowed

Bench: “Shri Ramit Kochar & Shri Raj Kumar Chauhan

property in accordance with the provisions of section 54F of the Act. The ld. AO has denied the said deduction u/s 54F of the Act by observing in para 15 to 15.4 of the assessment order extracted below, as under: “15. ALLOWABILITY OF THE SECTION 54F To understand the allowability of deduction under section 54F, the provisions of section 54F