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Income Tax - Highlights / Catch Notes

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The ITAT Surat held that the assessee failed to fulfill ...


LTCG deduction u/s 54F allowed despite pre/post-transfer payments. Provisions of sec 54/54F are benevolent.

Case Laws     Income Tax

May 31, 2024

The ITAT Surat held that the assessee failed to fulfill conditions for LTCG deduction u/s 54F but allowed the deduction. The assessee used advance payments for construction of a new house. The ITAT cited M. George Jeoseph case to support the claim. Payments made to parties before and after filing return were justified. The ITAT referred to the ITO Vs. Rekha Shetty case to emphasize compliance with the main requirement of section 54. The CIT(A) approved deduction, noting genuine expenses for house construction. All payments to parties were supported by evidence. The Revenue's appeal was dismissed.

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