Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

ITAT Jaipur Clarifies ‘Ownership’ Under Section 54F in Capital Gains Dispute

Case Law Details

TaxGuru Citation
2025 taxguru.in 5264
Case Name
Ram Prakash Miyan Bazaz Vs DCIT (ITAT Jaipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
A.Y. 2009-10
Advertisement

Ram Prakash Miyan Bazaz Vs DCIT (ITAT Jaipur)

In a significant ruling that provides clarity on the interpretation of Section 54F of the Income Tax Act, 1961, the Income Tax Appellate Tribunal (ITAT), Jaipur Bench, has held that merely booking a flat and making advance payments does not constitute ‘ownership’ of a residential house for the purpose of the restrictive conditions under the said section. The case of Ram Prakash Miyan Bazaz Vs DCIT hinged on the crucial distinction between having a ‘right to acquire’ a property and legally ‘owning’ it on the date of transfer of a capital asset.

The ruling is a significant relief for taxpayers seeking exemption on long-term capital gains by investing in a new residential property, as it distinguishes between the conditions for disqualification and the conditions for claiming the benefit.

The Core of the Dispute

The case revolved around Mr. Ram Prakash Miyan Bazaz (the assessee), who had earned a long-term capital gain of ₹2,04,37,654 following the sale of a plot of land on June 5, 2008. He sought to claim an exemption under Section 54F by investing in a new residential house being developed by Emaar-MGF in Gurgaon.

However, the Assessing Officer and subsequently the Commissioner of Income Tax (Appeals) [CIT(A)] denied this exemption. Their contention was based on the proviso to Section 54F(1), which disentitles an assessee from the benefit if they own more than one residential house (other than the new one) on the date of the transfer of the original asset.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,994

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.