Assessee had sold an immovable property owned by him and invested long-term capital gain (LTCG) on purchase of three flats in name of his wife, son and himself. Assessing Officer allowed deduction under section 54F only to extent of investment made in name of assessee and denied deduction of investment made in name of assessee’s wife and son. Tribunal directed the AO to allow benefit of deduction under section 54F for two flats purchased in name of assessee’s wife and son as well. Followed that Bhagwan Swroop Pathak v. ITO [IT Appeal No. 2754 (Delhi) of 2019, dated 5-3-2020] wherein the Tribunal had allowed deduction under section 54F claimed for purchase of property in name of assessee’s son. As regards the renovation expenses, matter remanded to the file of CIT(A) for verification and decide in accordance with law. (AY. 2015-16)
Mukkamala Srihari Rao. v. ACIT (2022) 197 ITD 36 (Ranchi) (Trib.)
S. 54F : Capital gains-Investment in a residential house-Sale of immoveable property-Purchase of three flats-Name of wife, son and himself-Flats purchased in name of assessee’s wife and son were also to be allowed-Renovation expenses-Issue remanded to the file of CIT(A). [S. 45]