Bhaskari Madhavan (Mrs.) v. ITO (2022) 196 ITD 85 (Chennai) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Property purchased in the name of married daughter-Exemption from capital gains tax is not available. [S. 45]

Assessee sold her house property for certain consideration and claimed deduction under section 54 for purchase of another house property in name of her married daughter, who was divorced.  Assessing Officer disallowed deduction claimed, which was affirmed by CIT(A). On appeal the Tribunal held that investments made in name of married daughter could not be considered as investments made for purpose of claiming deduction under section 54 of the Act.  Benefit of deduction under section 54 could not be allowed when property had been purchased in name of married daughter. (AY. 2011-12)