Rajesh Narendrabhai Patel. v. ITO (2025) 215 ITD 282 (Ahd) (Trib.)

S. 54: Capital gains-Profit on sale of property used for residence-Property is purchased in the name of spouse-Exemption cannot be denied.[S. 45]

Held that investment in new residential property is made by assessee from his own funds, the mere fact that property is purchased in the name of spouse does not disentitle assessee from exemption under section 54. Since CIT (A)  had not specifically discussed or dealt with judicial authorities cited by the assessee, the order of CIT(A)  was set aside and the matter was restored for de novo adjudication. (AY. 2012-13)

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