2015 (10) TMI 1394 - AT - Income Tax

Disallowance of exemption from capital gains tax under section 54F - tenancy rights - whether owner of the flat has transferred and assigned all his rights and interests in favour of the assessee? - Held that - In view of the overall facts and circumstances of the case and the amount of rent being a meager amount when compared to the amount of rent otherwise payable on such a property in the area, it is apparent that the assessee is not the mere tenant in the house. She has purchased substantial rights in the flat in question. A perusal of clause-7 of the agreement reveals that the assessee is entitled to carry out repairs and renovation in the said flat except the changes which could be detrimental to the basic structure of the building. The owner is not entitled to terminate the tenancy of the assessee in the said flat on any ground, whatsoever, except for non payment of rent. In the event of destruction of the said building or construction of a new building, the assessee/tenant is entitled to obtain tenancy in respect of the new flat having the same carpet area on the same floor without any payment or consideration or premium to the owner under the agreement. The assessee has absolute rights to transfer or assign the tenancy rights in respect of the said flat in favour of any person of her choice and to charge such consideration/premium for such transfer/assignment and the tenant/assessee will not be required to obtain any permission from the owner and will not be required to pay any premium for consideration to the owner for such transfer/assignment of the tenancy rights. The tenant is also entitled to create mortgage in respect of the tenancy rights in the said flat and also bequeath the tenancy rights in respect of any person. The rights of the assessee in the flat are not the mere tenancy rights but are substantial rights giving the assessee dominion, possession and control over the property in question with transferable rights, which are almost identical to that of an owner of the property. There is no denial that the assessee has purchased the rights in the said flat for residential purposes. It may be observed that the provisions of section 54F of the Act having regard to its beneficial objects are required to be interpreted liberally. The assessee is entitled to the benefit of deduction under section 54F of the Act. - Decided in favour of assessee.

Summary

Issues: Claim of exemption from capital gains tax under section 54F of the Income Tax Act.

Analysis:
The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) regarding the disallowance of the claim of exemption from capital gains tax under section 54F of the Income Tax Act for the assessment year 2005-06. The assessee had earned long term capital gains on the sale of shares and claimed exemption based on the purchase of a residential flat. However, the Assessing Officer noted that the deed indicated the acquisition of "transferable tenancy rights" rather than ownership of the flat, leading to the disallowance of the claim. The CIT(A) upheld the AO's decision, resulting in the appeal before the tribunal.

During the proceedings, the assessee argued that by acquiring the transferable tenancy rights through a substantial payment and fulfilling other obligations like stamp duty, she had effectively become the owner of the flat with full transferable rights, making her eligible for the benefit under section 54F. The tribunal considered the original leasehold rights held by the seller of the flat and the subsequent transactions leading to the assessee's acquisition of rights in the flat. It was observed that the assessee had paid a significant sum for the tenancy rights, had control over the property, and had rights similar to those of an owner, including the ability to transfer, assign, mortgage, and bequeath the rights.

The tribunal emphasized the need for a liberal interpretation of section 54F due to its beneficial nature. Referring to a similar case precedent, the tribunal concluded that the assessee should be entitled to the deduction under section 54F based on the substantial rights acquired in the flat for residential purposes. Therefore, considering the facts and circumstances of the case, the tribunal allowed the appeal, holding that the assessee was indeed entitled to the benefit of deduction under section 54F of the Income Tax Act.

In conclusion, the tribunal allowed the appeal of the assessee, granting the benefit of deduction under section 54F of the Income Tax Act.