Skip to main content

Booking of an Under-Construction Flat is a Case of Construction and not Purchase

The Mumbai  bench of  Income Tax Appellate Tribunal (ITAT) in Mr. Mustansir I Tehsildar vs Income Tax Officer has held that booking of an under-construction flat is a case of construction and not a purchase. 

The bench comprising of Judicial Member Saktijit Dey and Accountant Member B.R.Baskaran ruled so while allowing the assesse’s appeal. 

The instant appeal filed by assesse challenging the order of CIT(A), Mumbai confirming the partial rejection of claim made by the assessee for deduction under Section 54 of the Income Tax Act for assessment year 2013-14. 

Assesse in the present case held a share in flat of an apartment ,sold the same for consideration  and consequent thereto, the long term capital gain was computed .The assessee had earlier booked a flat which was under construction and he had made payments to the builder much earlier to the date of transfer of old flat and the aggregate payments made by the assessee towards the new flat was more than the amount of Capital gain ie; entire amount of capital gain was deductible u/s 54 of the Act by treating the acquisition of new flat as a case of “Construction”. 

The assessing officer, on the other hand took the acquisition of flat as a case of purchase of flat. Accordingly he took the view that the flat should have been purchased one year before or two years after the date of transfer and the aggregate payment made by the assesse falls outside the period and hence not eligible for deduction u/s 54 of the Act. 

The tribunal observed that since the amount invested in the new flat prior to the due date for furnishing return of income was more than the amount of capital gain, the requirements of depositing any money under capital gains account scheme does not arise in the instant case. 

It further observed that the acquisition of new flat in an apartment under construction should be considered as a case of “Construction” and not “Purchase” and held that the assesse is entitled for deduction of full amount of capital gains u/s 54 of the Act The tribunal bench set aside the order passed by Ld CIT(A) and direct the AO to allow the deduction u/s 54 of the Income Tax Act as claimed by the assesse.

Article referred: http://www.taxscan.in/booking-construction-flat-case-construction-not-purchase-itat-grants-capital-gain-exemption/15393/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Taxscan+%28Top+Stories+%E2%80%93+Taxscan+%7C+Simplifying+Tax+Laws%29

Comments

Most viewed this month

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.

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...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...