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Section 54F Relief Allowed in Reassessment: ITAT Treats JDA Flats as Investment

Case Law Details

Case Name
Surender Kumar Bhojwani Vs ITO (ITAT Hyderabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
Advertisement Surender Kumar Bhojwani Vs ITO (ITAT Hyderabad) The case involved taxation of LTCG arising from a Joint Development Agreement (JDA), where the AO taxed ₹22.77 lakh as capital gains on transfer of land. The assessee (NRI) contended: Consideration was not monetary but in the form of constructed residential units (bungalows) Such entitlement amounts to investment in residential house, eligible for exemption u/s 54F Key controversy: Assessee had not claimed 54F deduction in return (even in 148 proceedings) CIT(A) rejected claim on: Non-claim in return Lack of evidence of inv...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,926

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