ITAT adjudicated two key tax matters involving a taxpayer's ULIP ...

Tax Gains Triumph: ULIP Policy Surrender and Multiple Property Sales Exemption Validated Under Sections 45 and 54

May 14, 2025

Case Laws     Income Tax     AT

ITAT adjudicated two key tax matters involving a taxpayer's ULIP policy and residential property capital gains. The tribunal held that the LIC Market Plus-1 Policy constitutes a capital asset, rendering gains from its surrender taxable under "Capital Gains" rather than "Income from Other Sources". Additionally, the tribunal ruled that capital gains from multiple residential property sales can be invested in a single residential property, allowing the taxpayer's exemption claim under section 54. The tribunal found the assessee complied with statutory requirements by constructing a new house within three years and depositing capital gains in a prescribed scheme account. Consequently, the tribunal allowed the assessee's appeals, directing the Assessing Officer to grant the claimed section 54 exemption and recognize the capital gains treatment for the ULIP policy surrender.

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