Assessee had earned long term capital gains from sale of property and claimed deduction under S. 54F of the Act. Assessing Officer had held assessee to be ineligible for claim of deduction under section 54F on ground, that as on date of sale of original’ asset, assessee owned more than one residential property. It was claim of assessee that possession of other property could not be taken by him, as same was unfit for human habitation and therefore, it would be incorrect to conclude that assessee was owner of said property. Tribunal held that though said property was not occupied by him due to its poor quality of construction, same continued to be a residential house which was owned by him and, therefore, being an owner of more than one residential house, he was ineligible to claim deduction under section 54. (AY. 2013-14)
Chandramohan Manohar Potdar v. CIT (2020) 184 ITD 907 / 208 TTJ 112/ (2021)201 DTR 131 (Mum.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Possession was not taken-Unfit for habitation-Owner of more than one house-Not eligible to claim deduction. [S. 45]