Question And Answer
Subject: allotment letter vs possession section 54/54F
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Querist: bks
Answered by:
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Date: September 14, 2025
Query asked by bks

Case law of Bina Jain says possession is imp

Case  law of  Vembu Vaidynathan says letter of allotment is enough

how to reconcile both ?

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Answer given by

One way to reconcile may be that Vembu Vaidyanathan was a case of construction where substantial payments had been made. CBDT Circular No. 471 dated 15.10.1986 and Circular No. 672 dated 16.12.1993 help this interpretation.

Otherwise, if it is a ready-made flat fit for occupation, possession may be insisted upon.



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