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Section 54F Exemption Allowed as Demolition of New House Is Not a Transfer: ITAT Visakhapatnam

Case Law Details

TaxGuru Citation
2026 taxguru.in 6428
Case Name
Siva Brahma Narayana Chowdary Bodepudi Vs ACIT (ITAT Visakhapatnam)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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Siva Brahma Narayana Chowdary Bodepudi Vs ACIT (ITAT Visakhapatnam)

ITAT Allows Section 54F Relief as Residential Floor in Nursing Home Retained Residential Character; ITAT Grants Section 54F Deduction Because Subsequent Demolition Does Not Affect Initial Eligibility; Section 54F Claim Upheld Because Approved Building Plan Proved Property Was Residential; ITAT Rejects Denial of Section 54F Because Property’s Location in Nursing Home Building Is Not Decisive.

The assessee, a doctor and Managing Director of a hospital company, filed his return for AY 2018-19 and claimed deduction under Section 54F of the Income Tax Act amounting to ₹1,73,49,248 on long-term capital gains arising from the sale of a capital asset. He had invested ₹2.50 crore out of the sale consideration of ₹3.91 crore in purchasing an undivided share of land and a third-floor RCC structure at Prajasakthi Nagar, Vijayawada.

During scrutiny assessment following a survey under Section 133A, the Assessing Officer (AO) restricted the deduction proportionately to ₹1,10,73,046 because the investment made in the new asset was less than the total sale consideration. The AO further denied the deduction on three grounds: the purchased property was part of a nursing home and therefore not a residential property, the assessee failed to produce evidence proving it was residential in nature, and the property was demolished in the subsequent financial year and replaced with a commercial structure.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,946

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