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Income Tax - Highlights / Catch Notes

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LTCG - Exemption u/s 54F - As seen that both the plots, namely, ...


Assessee's LTCG exemption u/s 54F upheld: Adjacent plots treated as one residential unit for tax purposes.

May 20, 2021

Case Laws     Income Tax     AT

LTCG - Exemption u/s 54F - As seen that both the plots, namely, 28 and 29 were simultaneously purchased and are adjacent to each other. The assessee has claimed that both the plots were used for construction of new residential house. Simply because the application for construction was given only with reference to Plot No.28, the claim for actual investment in Plot No.29, qualifying for exemption u/s.54F, cannot be denied. Be that as it may, even if we proceed with the presumption that the assessee constructed new residential house only on Plot No.28, still Plot No.29 adjacent to new residential house will form part of new residential house thus entitling the assessee to exemption pro tanto. - AT

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