2016 (8) TMI 907 - AT - Income Tax

Tribunal rules in favor of assessee on property classification for tax deductions

Sanjeev Puri Versus Deputy Commissioner of Income-tax, Circle-37 (1), New Delhi

Sanjeev Puri Versus Deputy Commissioner of Income-tax, Circle-37 (1), New Delhi - [2016] 160 ITD 213 Issues Involved:1. Entitlement to deduction under Section 54F of the Income-tax Act, 1961.2. Treatment of property E-575A, Greater Kailash-II, New Delhi as residential or commercial.3. Actual use of the property versus its classification in municipal records and sale deed.4. Alternative claim for deduction under Section 54EC of the Income-tax Act, 1961.Issue-wise Detailed Analysis:1. Entitlement to Deduction under Section 54F:The assessee contested the disallowance of deduction under Section 54F by the CIT(A). The assessee had sold his rights in a Gurgaon Flat and invested the proceeds in a new residential property, claiming deduction under Section 54F. The Assessing Officer disallowed the deduction on the grounds that the property at E-575A, Greater Kailash-II, New Delhi was a residential property, and the assessee owned more than one residential house at the time of transfer. The CIT(A) upheld this disallowance.2. Treatment of Property E-575A as Residential or Commercial:The core issue was whether the property E-575A, classified as residential in municipal records and the sale deed, could be considered a commercial property based on its actual use by the assessee. The assessee argued that he used the property exclusively for his legal practice, supported by various evidences such as professional invoices, official notifications, and the allowance of depreciation on the property as an office building by the Assessing Officer in previous years.3. Actual Use of the Property versus Its Classification:The assessee's argument was that the actual use of the property should determine its classification, not the municipal records or the sale deed. The assessee cited several judgments supporting the view that the actual use of the property should be considered for claiming deductions under Section 54F. The Tribunal agreed with this view, noting that the property was used as an office and not for residential purposes, despite its classification in municipal records.4. Alternative Claim for Deduction under Section 54EC:The assessee also made an alternative claim for deduction under Section 54EC, as he had invested Rs. 50 lacs in REC Bonds. This claim was to be considered if the deduction under Section 54F was disallowed. However, since the Tribunal allowed the deduction under Section 54F, the alternative claim under Section 54EC became infructuous.Conclusion:The Tribunal concluded that the actual use of the property E-575A as an office should be considered for the purpose of Section 54F. The orders of the authorities below were set aside, and the Assessing Officer was directed to allow the claimed deduction under Section 54F. Consequently, the alternative claim under Section 54EC was dismissed as infructuous. The appeal ITA No. 5474/Del/2014 was allowed, and ITA No. 2477/Del/2015 was dismissed.