Skip to main content

No exemption under Sec 54 if property purchased in different localities


In Shri Arunkumar Nathan Vs. Asst. Commissioner of Income Tax, Bangalore bench of the ITAT, on Wednesday, observed that purchasing of two properties in different localities cannot be claim tax deductions under sec 54 of the Income Tax Act, 1961.

The Assesse sold his residential property and has purchased two apartments in two different localities, and he claimed tax deductions for both properties under sec 54 of the income tax act 1961. But the Asst. CIT denied the claim of the Assessee and observed that the benefit is available to one residential unit under the said provision.

The Assessee argued that the order of the department is so far it is prejudicial to the interest of the Appellant is bad and the CIT erred in law and facts in holding that the amendment to Finance Act 2014 is clarificactory in nature even though the memorandum explaining the Finance Act 2014 clearly states that the amendment will apply in relation to AY 2015-2016 and subsequent assessment years. 

Overruling the contentions of the assessee, the Tribunal noted that the claim cannot be allowed as the assessee has purchased two separate flats in two different localities and further both the flats are not used for residential purpose of the assesse but one flat was let out by the assessee.

Article refered: http://www.taxscan.in/purchasing-two-separate-houses-different-localities-disentitle-assesse-claiming-capital-gain-exemption-us-54-itat-read-order/12599/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Taxscan+%28Top+Stories+%E2%80%93+Taxscan+%7C+Simplifying+Tax+Laws%29

Comments

Post a Comment

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...
Post a Comment
Read more

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more