Zainul Abedin Ghaswala v. NFAC (2023)201 ITD 829 / 224 TTJ 569 ( Mum)( Trib) www.itatonline .org

S.54F : Capital gains- Investment in a residential house – Co -owner of more than one house – Eligible for deduction- Precedent – When there are conflicting decisions of High Courts the view in favour of the assessee has to be followed . [ S. 45 ,54 ]

The assessee is an individual , claimed deduction under section 54F of the income -tax Act . The Assessing Officer disallowed the exemption on the ground that the assessee owned interest in more than one residential properties and therefore, he was not entitled for deduction u/s 54F of the Act. The  Assessing Officer relied on the decision in  M.J. Siwani v. CIT [2015] 53 taxmann.com 318 ( Karn)( HC)) .  On appeal, the  CIT(A) upheld the finding of the Assessing Officer. On further appeal the Tribunal held that  the assessee is eligible for deduction  relied on Ashok G Chauhan v. ACIT (TAT Mumbai A Bench) ITA No 1309/Mum/2016 ,  DCIT v.  Shri Dawood Abdulhussain Gandhi (ITAT “F’ Bench Mumbai ITA No 3788/Mum/2016,   ITO  v. Rasiklal N Satra [TAT “A “ Bench Mumbai (98 ITD 0335  and the Judgement of Madras High Court in Dr. P.K. Vasanthi Rangarajan v. CIT (2012) 252 CTR 336. ( Mad)( HC)  .The Tribunal  also held that when there are conflicting decisions of High Courts the view in favour of the assessee has to be taken .  CIT v. Vegetable Products Ltd. 88 ITR192. ( SC) . Accordingly the appeal of the assessee was allowed . ( ITA 545/M/2023 dt .22-5 -2023 )( AY. 2016 -17 )