ACIT v. Iqbal Ali Khan [2024] 158 taxmann.com 377 / (2025) 130 ITR 576 (Hyd.)(Trib.)

S.54F: Capital gains-Investment in a residential house-Construction of mosque not a residential house-Not entitled to exemption. [S. 45]

 

The assessee claimed exemption under section 54F on investment in construction of a property used as a mosque, orphanage school and staff quarters. The Tribunal held that the property could not be regarded as a “residential house” contemplated under section 54F, as it was predominantly constructed and used for religious purposes and not for the assessee’s residential occupation. Since the statutory requirement of investment in a residential house was not satisfied, no deduction under section 54F was allowable, and there was no scope for granting proportionate relief.  (AY. 2013-14).

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