ITO v. Rachna Arora (Smt.) (2021) 191 ITD 667 / 90 ITR 575 (Chd.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Ownership of new property-New residential property was purchased in joint names of assessee, her daughter and son-Entitle to exemption. [S. 45]

Assessee sold a residential property for consideration of certain amount and invested entire amount on purchase of a new residential property in joint names of assessee with her daughter and son in law and that share of three co-owners was 34 per cent, 33 per cent and 33 per cent respectively  and claimed exemption.  The Assessing Officer allowed exemption to the extent of 34% of total long term capital gain. CIT (A) allowed the claim. On appeal the Tribunal held that  since assessee had invested entire sale consideration from sale of old residential property to purchase new residential property, assessee would be entitled to exemption of entire amount invested by her under section 54 even if new residential property was purchased in joint names of assessee, her daughter and son in law.  (AY. 2015-16)