Dismissing the writ appeal, that taking cognizance of the direction issued by the High Court, the assessee was heard and pursuant to the judge’s decision, the additional cost of construction incurred by the assessee for claiming deduction under section 54 of the Income-tax Act, 1961, was allowed and then, relief had been granted. Therefore the Department could not pursue the appeal after implementing the order passed in the writ petition. (AY.2014-15)
CIT v. Venkata Dilip Kumar (2021) 437 ITR 137 (Mad.)(HC) Editorial : Decision of single judge in Venkata Dilip Kumar v. CIT (2019) 419 ITR 298 (Mad) (HC), affirmed.
S. 54 : Capital gains-Profit on sale of property used for residence-Additional cost-On appeal to division bench from order of single judge-Appeal became infructuous. [S. 48, Art. 226]