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Section 54F Exemption Denied for Owning Multiple Houses with Separate Kitchens: ITAT Delhi

Case Law Details

TaxGuru Citation
2025 taxguru.in 12542
Case Name
Late Shri Ram Kishore Seth Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Late Shri Ram Kishore Seth Vs ITO (ITAT Delhi)

Residential Units vs Residential House: ITAT Draws the Line- Multiple Kitchens, No 54F: Tribunal Says Assessee Owned More Than One House

1. Background

  • Appeal filed by Legal Heir of Late Shri Ram Kishore Seth against NFAC order dated 16.01.2024.
  • Scrutiny under CASS for cash deposits during demonetisation & capital gains / deduction u/s 54F.

2. Issue 1 – Deduction u/s 54F on JDA Property

Assessee’s Claim

  • Original house at ND-63, Pitampura demolished & reconstructed under JDA (3 floors).
  • Builder retained 2nd floor + 25% parking; Assessee retained 1st & 3rd floors.
  • Claimed ₹1,22,45,121 exemption u/s 54F relying on CIT vs Geeta Duggal.

AO’s Findings

  • Assessee owned multiple independent house properties (Karol Bagh units + Pitampura units).
  • After amendment to s.54F, phrase used is “a residential house”; ownership of multiple houses disqualifies the claim.

CIT(A) & ITAT Findings

  • Assessee was earning rental income from:
    • Karol Bagh UGF
    • Karol Bagh 1st Floor
    • Karol Bagh 4th Floor
    • Pitampura 1st Floor
    • Pitampura 3rd Floor
  • These are independent residential units, each having separate kitchens.
  • Therefore assessee owned more than one residential house on the date of transfer → basic eligibility u/s 54F fails.
  • Geeta Duggal ratio applies only where multiple units constitute one house; not applicable when assessee already owns several independent properties.

Section 54F Exemption Denied for Owning Multiple Houses with Separate Kitchens ITAT Delhi

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,912

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