This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Section 54F Relief Allowed in Reassessment: ITAT Treats JDA Flats as Investment
Case Law Details
- Case Name
- Surender Kumar Bhojwani Vs ITO (ITAT Hyderabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Hyderabad
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
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...





