Ravinder Kumar v. ITO (Delhi)(Trib.) (UR)

S. 54B : Capital gains – Land used for agricultural purposes – Land purchased in name of Assessee’s wife- The AO is directed to allow the exemption. [ S. 45 ]

Assessee sold an agricultural land and claimed exemption under section 54B on the ground that he purchased a land. AO denied the exemption as he noted that said land was purchased by the assessee in his wife’s name.

In view of decision of Tribunal in case of Ashok Kumar S/o Tej Pal Singh v. ITO, [ITA No. 7460/Del/2018, dt. 28-12-2022], deduction under section 54B/54F is available in cases, where investments are made in property purchased in name of wife. Accordingly, AO was directed to allow deduction under section 54B to assessee. [ITA No.2265/Del/2023, Dt. 08/11/2023] [AY 2011-12]

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