Syeda Bibi Sadiqa (Smt.) v. DCIT (2024) 207 ITD 543 (Bang) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Exemption is allowable on full purchase cost of new residential property, including stamp duty, restricted to sale proceeds of original property. [S. 45]

Assessee sold property for Rs. 3,86,00,000 and bought new property for Rs. 18,50,00,000 plus Rs. 1,03,60,000 stamp duty. The AO denied the exemption, which was affirmed by the CIT(A). On appeal the Tribunal held that  Commissioner (Appeals) mistakenly considered only stamp duty as new property cost, disallowing Rs. 2,82,40,000 as taxable long-term capital gain. Tribunal held that  full cost of new residential property, including stamp duty, eligible for deduction under section 54, subject to limit of sale proceeds. (AY. 2021-22)

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