2024 (4) TMI 488 - AT - Income Tax

LTCG - Exemption u/s 54F - assessee has purchased triplex flat - To be considered as single unit or not - as per AO assessee has not submitted any documentary evidence issued by third party such as building society, builder, tehsil office, municipal corporation etc. which can substantiate that the flats are not different residential units and are part of only one residential house and mere submission of the assessee that the flats are connected internally and used by him as one residential house cannot fulfill the criteria laid down u/s 54 HELD THAT - We observe that assessee has sold the shares and out of the sale proceeds he purchased three flats with interconnectivity. We also verified the agreement submitted before us which clearly shows that assessee has purchased one triplex flat which consists of a common living area, common kitchen and rooms in the 22nd floor which is interconnected. From the agreement and the flat diagram clearly shows that all the three flats are interconnected with one living room, one kitchen and three rooms. After careful consideration of the facts on record and as per the provisions of section 54F of the Act, it allows an assessee to purchase a residential flat . Therefore, a represents one single unit which consist of one living area, X number of rooms and one kitchen. In common parlance, a residential unit consist of living area, one kitchen and rooms. As per the definition of a residential house the triplex flat purchased by the assessee which has common living area, common kitchen and several rooms which satisfies the definition of a single residential unit. Even though assessee has entered into a single agreement to purchase three identified block from the builder, the identification of blocks may be identified with floor names it does not mean that assessee has purchased three flats merely because of identification given by the builder to complete the whole project. As in this case the builder has modified three flats to suit the requirement of the assessee as per which assessee has purchased a modified flats to suit his requirement as per which assessee has purchased common living area, common kitchen and required rooms which satisfies the common definition of a residential flat. Therefore, in our considered view the assessee has purchased a residential flat which may consists of more than one block of flats. We observe that assessee has submitted a floor plan from the builder which encompasses triplex nature of flat and has been attached along with the registered sale deed which clearly shows that triplex nature of unit purchased by the assessee were approved and accepted by the builder. In the light of the discussion, the claim of the assessee is found to be just and proper. Assessee has purchased triplex flats which are interconnected and which can be considered as a residential unit as per the definition of section 54F - Decided in favour of assessee.

Summary

Issues involved:
The issues involved in this judgment relate to the claim of deduction under section 54F of the Income-tax Act, 1961 for the assessment year 2020-21, specifically concerning the definition of a "residential house" in the context of the purchase of multiple interconnected flats.

Summary:

Assessing Officer's Observation:
The Assessing Officer observed that the assessee had claimed a deduction under section 54F amounting to a specific sum against Long Term Capital Gain on the sale of shares. The assessee had purchased three flats under a single agreement, claiming them to be a triplex flat serving as one residential house. However, the Assessing Officer rejected this claim, citing that the purchase of multiple residential units under the pretext of a single unit did not meet the criteria of section 54F. The lack of documentary evidence to prove the interconnected flats as a single residential house led to the rejection of the claim.

Commissioner of Income Tax (Appeals) Decision:
The Ld. CIT(A) upheld the Assessing Officer's decision, emphasizing that the three flats purchased by the assessee were distinct units identified in separate sale deeds. Despite internal interconnectivity, the presence of separate kitchens in each flat contradicted the representation of a single residential unit. The Ld. CIT(A) dismissed the grounds raised by the assessee based on these observations.

Appellate Tribunal ITAT Mumbai Decision:
Upon appeal, the Appellate Tribunal considered the submissions and materials presented. It was noted that the assessee had purchased three interconnected flats with a common living area, kitchen, and rooms, satisfying the definition of a residential unit. The Tribunal highlighted that the identification of blocks by the builder did not negate the purchase of a single residential unit. Referring to precedents and the definition of a residential house, the Tribunal concluded that the assessee's purchase qualified for the deduction under section 54F. The Tribunal allowed the appeal, ruling in favor of the assessee.

In conclusion, the Appellate Tribunal ITAT Mumbai allowed the appeal filed by the assessee, overturning the decisions of the Assessing Officer and the Ld. CIT(A). The Tribunal determined that the purchase of three interconnected flats constituted a single residential unit eligible for the deduction under section 54F of the Income-tax Act, 1961.