AO denied benefit of section 54F on the ground that the assessee is owning 16.67 per cent rights of six flats. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that, exemption cannot denied on the ground that the assessee also jointly owning 16.67 per cent rights in six flats. Tribunal held that joint ownership/part ownership cannot be treated as absolute ownership in the absence of any specific words in the section 54F of the Act. Followed ITO v. Rasiklal N. Satra (2006) 100 TTJ 1039/ 98 ITD 335 (Mum)(Trib), Ashok G. Chauhan v. ACIT (2019) 200 TTJ 659/ 105 taxmann.com 204 (Mum)(Trib), Anant R. Gawande v. ACIT (2022) 144 taxmann.com 127 (Mum)(Trib) (AY-2016-17)
Abdul Rahim Suleman Ghaswala v. Dy.CIT (2024) 227 TTJ 392 / 233 DTR 297 / 38 NYPTTJ 12 (Mum) (Trib)
S.54F : Capital gains-Investment in a residential house-Jointly owning 16-67% rights in six flats-Own does not include partly owned-Exemption cannot be denied [S. 32, 45]
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