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Income Tax

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

Case Law Details

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’...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,775

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