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ITAT Delhi Allows Section 54 Exemption for Property Purchased in Australia

Case Law Details

TaxGuru Citation
2025 taxguru.in 11006
Case Name
Jagdish Chand Verma Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Jagdish Chand Verma Vs ITO (ITAT Mumbai)

ITAT Delhi Allows Section 54 for Property Purchased in Australia & Bank passbook is not books of accounts , a pre-condition to make addition u/s 68

In this case, Assessee, a 70-year-old retired bank employee who shifted to Australia in 2013, sold his Delhi flat for ₹70 lakh & earned LTCG of ₹54,35,000. He deposited ₹40,51,000 in his bank account from sale of household items & cash belonging to his spouse & son. Assessment was completed ex-parte u/s 144 with two additions: denial of exemption u/s 54 for purchase of a new house in Australia & addition u/s 68 for cash deposits.

CIT(A) rejected the exemption u/s 54 by treating the 2014 amendment (restricting purchase to properties in India) as “clarificatory”, & sustained the addition u/s 68 on the ground that affidavits were insufficient.

Tribunal held that CIT(A) erred in law since CBDT Circular No.01/2015 explicitly states the amendment to s.54 applies prospectively from AY 2015-16; hence for AY 2014-15 Assessee is fully eligible for s.54 even if the new property is outside India. Tribunal relied on Karnataka High Court rulings in Vinay Mishra, Hosagrahar & other supporting decisions.

On the s.68 addition, Tribunal accepted the argument that Assessee maintained no books of account, and as per Supreme Court in Baladin Ram & Delhi High Court in Mayawati, a bank passbook is not Assessee’s books; therefore s.68 cannot be invoked for bank deposits. With both issues decided in favour of Assessee, Tribunal deleted the entire additions & allowed the appeal.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,911

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