Deduction u/s 54, with respect to two houses located in different areas, not available

Sumeet Dhiman Vs ACIT (ITAT Delhi)

Held that the assessee can take shelter and claim deduction u/s 54 only when the assessee invests the long term capital gain in purchase or construction of a single residential house.

Facts-

AO noted that the appellant sold a residential property and earned capital gain of Rs. 76,64,058/-. The assessee claimed deduction u/s 54 with respect to investment in two different houses i.e. purchase of new residential house and repayment of housing loan borrowed for purchase of property which were located at two different locations. AO held that the assessee was eligible for deduction u/s 54 with respect to only one of the aforesaid properties and accordingly limited the deduction claimed by the assessee u/s 54 to Rs. 49,14,447/-.
CIT(A) also dismissed the appeal. Being aggrieved, the assessee preferred the present appeal.

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