ACIT v. Iqbal Ali Khan (2024) 227 TTJ 730 / 239 DTR 233 / 38 NYPTTJ 50/ 158 taxmann.com 377 (Hyd) (Trib)

S. 54F : Capital gains-Investment in a residential house-Investment in non-residential property-Mosque, Orphanage School and Staff quarters-Not entitle to deduction-No pro rata deduction is permissible.[S. 45]

Assessee  constructed ground plus three floors building. The nature of construction is mentioned as Mosque, Orphanage School and Staff quarters. The AO denied the exemption. On appeal the CIT(A) allowed proportionate disallowance. On appeal by the Revenue the Tribunal held that  the third floor of the property is being used for the residence of assessee is contrary to the statement of the assessee filed before GHMC seeking  regularization of the property. Said statement clearly shows that the assessee has not used the property for residential purpose within the time granted by the statute and further there is no evidence to show that the assessee has invested money in raising of construction of a residential house. Accordingly the  assessee is not entitled to any relief. The Tribunal also  held that  there cannot be any exemption on   pro rata basis.  Order of CIT(A) is set aside.   (AY-2013-14)

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