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ITAT Jaipur Clarifies ‘Ownership’ Under Section 54F in Capital Gains Dispute
Case Law Details
- Case Name
- Ram Prakash Miyan Bazaz Vs DCIT (ITAT Jaipur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- A.Y. 2009-10
- Courts
- All ITAT, ITAT Jaipur
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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’...





