Subhalakshshmi Kurada v ACIT ( 2020) BCAJ -June – 44 ( Bang) (Trib)

S. 54 : Capital gains – Profit on sale of property used for residence -Exemption cannot be denied when the property was purchased in the joint name of assessee and others [ S.45 , 54F ]

 

Allowing the appeal of the assessee the tribunal held that entire consideration towards purchase of the new residential house had flown from the bank account of the assessee . Merely because the name of assessee’s husband was mentioned in the purchase document  exemption cannot be denied . ( Followed  DIT v .  Mrs. Jennifer Bhide [2012] 349 ITR 80 (Karn) (HC) , Bhatkal Ramaro v .ITO   [2019] 175 ITD 144 ( Bang) (Trib)   ( ITA No. 2493 /Bang/ 2019 dt. 8 -5 -2020) (AY. 2016 -17)