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No Section 54F Exemption for Property used for Religious purposes: ITAT Hyderabad

Case Law Details

TaxGuru Citation
2024 taxguru.in 368
Case Name
ACIT Vs Iqbal Ali Khan (ITAT Hyderabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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ACIT Vs Iqbal Ali Khan (ITAT Hyderabad)

Introduction: In a recent legal tussle at ITAT Hyderabad, the ACIT Vs Iqbal Ali Khan case sheds light on the complexities surrounding Section 54F exemptions. This article delves into the intricacies of the case, analyzing the grounds of dispute and the ultimate decision rendered by the Income Tax Appellate Tribunal.

Background and Grounds Raised:

The appeal, filed by the Revenue, challenges the order of the CIT (A)-6, Hyderabad, dated 27.02.2020, pertaining to the assessment year 2013-14. Key grounds raised include:

1. Contrary Order: The Revenue contends that the Assessing Officer’s order contradicts both legal provisions and the factual scenario.

2. Disallowed Claim under Section 54F: The Assessing Officer disallowed the claim made under Section 54F, citing surmises and conjectures.

3. Title Dispute: Assumptions about the assessee lacking title to the plot of land and challenges related to municipal approvals for construction.

4. Business Loss Disallowance: The Assessing Officer disallowed business loss claimed at ₹36,10,070.

Facts of the Case:

The assessee, Iqbal Ali Khan, filed returns for the assessment year 2013-14, declaring total income of ₹1,73,88,852. The dispute primarily revolves around the sale of properties at Hafeezpet, Serilingampally mandal, and the subsequent claim for exemption under Section 54F.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,725

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