Girish Mohan v. ACIT (2023) 202 ITD 221 (Delhi) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Constructed residential buildings comprising of two rooms, kitchen, toilet having electricity and water connection which was being used as residential unit-Denial of exemption is not justified-Cost of improvement-Documentary evidence not filed-Disallowance is affirmed. [S. 45, 48, 55]

Assessing Officer disallowed  the exemption claimed by  holding that assessee was merely possessing a piece of land without any construction thereon. On appeal the Tribunal held that  valuation report and other documentary evidence clearly revealed that assessee had constructed residential buildings comprising of two rooms, kitchen, toilet having electricity and water connection which was being used as residential unit, exemption under section 54F should be allowed.  As regards cost of improvement no documentary evidence was produced hence the disallowance is affirmed.  (AY. 2016-17)