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No Bills Does Not Mean No Building—ITAT Restores Section 54F Claim

Case Law Details

TaxGuru Citation
2026 taxguru.in 12746
Case Name
Munishamappa Shivanna Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Munishamappa Shivanna Vs ITO (ITAT Bangalore)

No Bills Does Not Mean No Building—ITAT Restores Section 54F Claim Supported by Valuation Report & Completion Certificate

The controversy

The assessee, Mr. Munishamappa Shivanna, was in appeal before the Bangalore ITAT for AY 2016-17 against an ex parte order passed by the CIT(A)/NFAC.

The assessment had been reopened, and an order was passed u/s 147 r.w.s. 144B. The dispute principally concerned taxation of consideration received upon transfer of Transferable Development Rights, denial of indexed cost of acquisition & disallowance of deduction claimed u/s 54F for construction of a residential house.

The assessee also challenged the validity of notice u/s 148 dated 25 March 2023. According to him, the notice had been issued by the Jurisdictional AO in contravention of the mandatory faceless reassessment scheme notified u/s 151A and the e-Assessment of Income Escaping Assessment Scheme, 2022.

Appeal dismissed despite uploaded submissions

The CIT(A) issued several notices dated 17 July, 16 September, 26 September, 10 October & 28 October 2025.

In the appellate order dated 25 November 2025, the CIT(A) recorded that the assessee had not filed written submissions or annexed any material challenging the findings of the AO. The appeal was consequently dismissed ex parte.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,205

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