Shanti Prime Publication Pvt. Ltd.
Section 54, 54F of Income Tax Act, 1961—Deduction u/s 54—The present appeal filed by assessee is confined to denial of deduction claimed under section 54 of the act.
Held that—In the identical issue, decision of the Hon'ble Jurisdictional High Court was that, if the new house property in respect of which the assessee has claimed deduction under section 54/54F of the Act is not purchased in the name of the assessee, no deduction under the said provisions can be claimed.
since I am bound by the decision of the Hon'ble Jurisdictional High Court rendered in the case of Praksh (supra), following the ratio laid down therein I hold that since the purchase of new property/flat is in the name of assessee’s wife and adult daughter and not in assessee’s own name, the assessee is not eligible to claim deduction under section 54 of the Act.
[SHRI HEM CHANDRA R. GAVANKAR VERSUS INCOME TAX OFFICER-21 (1) (2) , MUMBAI] [2018] 7 ITCD Online (104) [ITAT MUMBAI]