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2019 (2) TMI 717 - ITAT KOLKATADeduction u/s. 54F - CIT(A) has accepted the claim of assessee in respect to only the property purchased at Kolkata with the aforesaid rider - Held that:- Allowing the deduction u/s. 54F in the assessment proceedings, we are of the opinion that the assessee should have been given the deduction u/s. 54F of the Act and, moreover even if the title is imperfect, it’s legal consequences if any in-respect to flat is the look out of assessee and any defect if any in the mode of transfer of property cannot defeat the claim of assessee in this assessment year, because it is not the case of CIT(A) that it is a bogus claim, when the fact of possession of flat by assessee and sale consideration passed to the vendor and genuineness of the transaction having been accepted by AO and this fact not even been questioned by CIT(A), the claim ought not to have been disallowed by CIT(A), therefore, we allow the claim of the assessee for the purchase of flat in Delhi u/s. 54F of the Act. - Decided in favour of assessee partly.
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