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Exemption u/s 54EC allowable to legal owner of property as per registered sale deed
Case Law Details
- Case Name
- Shri Raghuram P Nambyar Vs ACIT (ITAT Bangalore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Bangalore
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Shri Raghuram P Nambyar Vs ACIT (ITAT Bangalore)
Conclusion: Assessee-wife was not entitled to claim and be allowed exemption under Section 54 and 54EC on the basis that both assessee’s being husband and wife had suo motu offered rental income equally in their returns of income and their intentions were that said property was a joint property and both of them having equal share therein because as per the recitals in the purchase and registered sale deeds of the aforesaid property, assessee-husband alone was the sole legal owner of the said property to the exclusion of all others, including h...
offhand
For a critique of SC JUdgment in POdar CEment case cited but distinguished on the factual matrix herein , go throug the ARicle(s) published on this website, sometime ago !
courtesay
Could that conceivably be any different; despite judicial interpretation having been mutually at variance; leading to the present scenario of inconsistent court decisions/case law, text books are flooded with ! As a reputed Senior Advocate (SC) , -it is remembered to have- quizzed to the effect: The largely obtaining scenario, in every walk / activity of humanity is attributable to, despite we being what we are; not because of we being what ideally / ideologically expected to have been ! Any contrarian , born as such, to truthfully and honestly counter ?!