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TMI Blog2020 (1) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... /s 54F is only available to an assessee if the newly purchased / constructed residential house is owned / held in the name of the assessee - HELD THAT:- Commissioner (Appeals) followed the decision of Nagpur Bench of this Court in the case of Prakash vs. Income-Tax Officer and others [ 2008 (9) TMI 234 - BOMBAY HIGH COURT] wherein the Assessee purchased the property in the name of adopted son and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 54F. We note that the Delhi High Court in the case of Ravinder Arora [ 2011 (9) TMI 343 - DELHI HIGH COURT] had relied upon the decision of Andhra Pradesh High Court in the case of Late Mir Gulam Khan [ 1984 (12) TMI 9 - ANDHRA PRADESH HIGH COURT] which has already been distinguished by this Court in the case of Prakash Vs. Income Tax Officer [ 2008 (9) TMI 234 - BOMBAY HIGH COURT] . In v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in law the Tribunal was justified in holding that the Appellant was not entitled to the benefit of S.54F of the Income Tax Act, 1961? (II) Whether on the facts and in the circumstances of the case and in law the Tribunal erred in holding that the benefit under section 54F of the Income Tax Act, 1961 is only available to an assessee if the newly purchased / constructed residential ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer noting that the land on which the assessee had claimed to build the residential house was in the name of his mother. The commencement and completion certificate issued by the Nashik Municipal Corporation was also in the name of the mother of Appellant-assessee. The Commissioner (Appeals) and the Tribunal upheld the view of the Assessing Officer. 6. The Commissioner (Appeals) fol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income-Tax v. Ravinder Kumar Arora [2012] 342 ITR 38 (Delhi) and in the case of Commissioner of Income-Tax v. Kamal Wahal [2013] 351 ITR 4 (Delhi) has given liberal interpretation to the term purchased occurring in the section 54F of the Act. We note that the Delhi High Court in the case of Ravinder Arora had relied upon the decision of Andhra Pradesh High Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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