Rajat B. Mehta v. ITO ( 2018)169 ITD 178/ 163 DTR 49/ 192 TTJ 307/ 62 ITR 334( Ahd)(Trib)

S. 54: Capital gains-Profit on sale of property used for residence –Cost included furniture and fixtures –Exemption cannot be denied only on the ground that no claim was made in the return , if he is otherwise entitle to it .[ S.45 ]

Allowing the appeal of the assessee the Tribunal held that ; The expression “cost of the residential house so purchased” in s. 54 is not confined to the cost of civil construction but includes furniture and fixtures if they are an integral part of the purchase. The fact that the assessee did not make the claim is no reason to deny the claim if he is otherwise entitled to it . ( ITA No. 19/Ahd/2016, dt. 09.02.2018)(AY. 2011-12)