Yogesh Mutha. v. ITO (2025) 215 ITD 87 (Jaipur) (Trib.)

S. 54: Capital gains-Profit on sale of property used for residence-Construction of house-Purchase of land with construction of house-matter was to be remitted back to the Assessing Officer for decision afresh.[S. 45, 54F]

Assessee sold a residential plot and invested the sale consideration in the purchase of land with the construction of a house thereon and claimed exemption under section 54. The assessing officer denied the exemption, which was affirmed by the CIT(A). On appeal, the Tribunal held that since the Assessing Officer had not called for any report from revenue authorities regarding the use of land appurtenant to residential construction therein and did not even visit the site and inspect the same to find out as to what was actual status of new asset during period relevant for purposes of section 54, matter was to be remitted back to Assessing Officer for decision afresh. (AY. 2017-18)

Leave a Reply

Your email address will not be published. Required fields are marked *

*