Gundala Sarvottam Rao v. ITO (2022) 197 ITD 374 (Hyd.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Construction of building-Structure not fit for residential house-Constructed to exploit for the purpose of Hostel-Not eligible for exemption. [S. 45]

Assessee sold agricultural land and claimed exemption under section 54F on account of construction of a building. Assessing Officer denied exemption on ground that building was constructed for commercial purposes, i.e., for purpose of hostel only. Held that   building in question was a structure not fit for residential house but to exploit same for commercial usage. Further there was no evidence on record to suggest that originally assessee constructed building as a residential building and subsequently it was converted into a hostel building at request of lessee. As the   assessee constructed building for commercial purposes only not eligible for exemption.  (AY. 2008-09)