Income Tax

Deduction u/s 54F for house purchased from father in law allowed

Deduction u/s 54F for house purchased from father in law allowed when he was assessed to long term capital gain with reference to sold house

ABCAUS Case Law Citation:
ABCAUS 2971 (2019) (05) ITAT

Important Case Laws Cited/relied upon by the parties:

In this appeal, the assessee had challenged the order of the CIT(A) in upholding the action of Assessing Officer (AO) in not allowing the claim of deduction u/s 54F of the Income Tax Act, 1961 (the Act) in respect of house property purchased from father in law.

The assessee filed an appeal before the CIT(A). However, the appeal of assessee was dismissed.

The Tribunal observed that in the case of the father in law (seller) the department had issued notice uls 148 on the basis of information that he had sold house to the assessee.

The Tribunal further noted that in the assessment order of the said father in law passed u/s 143(3)/147 a finding was given that possession was handed over to the buyer and the transaction relating to the sale of immovable property stood completed Accordingly, on sale of the house, the father in law was assessed at long term capital gain. Against this order the father in law had preferred an appeal before ITAT who allowed the indexed cost of acquisition. The order had become final.

Thus, the Tribunal opined that when the seller was assessed to long term capital gain with reference to the sale of his property, claim of the assessee for deduction u/s 54F in respect of the same house property could not be denied to assessee.

Accordingly, the Tribunal directed the AO to allow assessee’s claim of deduction U/s 54F of the Act.

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

9 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

3 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago