2019 (6) TMI 776 - AT - Income Tax

Tribunal allows full deduction under Section 54F for additional floors in new house purchase

Shri Ramakrishna Aswatgh Versus The Income Tax Officer, Ward – 6 (3) (3), Bangalore

Shri Ramakrishna Aswatgh Versus The Income Tax Officer, Ward – 6 (3) (3), Bangalore - TMI Issues Involved:1. Whether the Commissioner of Income Tax (Appeals) [CIT(A)] erred in affirming the Assessing Officer's (AO) rejection of the deduction claim under Section 54F for additional floors constructed.2. Whether the additional floors constructed constitute separate residential units or part of the same unit.3. The relevance of the timing of the construction of additional floors in relation to the purchase of the new residential house.4. The applicability of the judgment in the case of ACIT vs. T.N. Gopal to the current case.Issue-Wise Detailed Analysis:1. Rejection of Deduction Claim under Section 54F:The assessee sold an industrial shed and claimed a deduction under Section 54F of the Income Tax Act for the entire capital gain, which included the cost of purchasing a new residential house and the construction of additional floors. The AO allowed a proportionate deduction but rejected the claim for the cost of constructing the 2nd and 3rd floors. The CIT(A) affirmed this rejection, leading to the current appeal.2. Separate Residential Units or Part of the Same Unit:The CIT(A) held that the additional floors constituted separate residences and not part of the same residential unit. The assessee argued that the entire house is under one survey number and should be considered a single unit. The Tribunal found that the CIT(A)'s objection was not valid, referencing the judgment of the Hon'ble Calcutta High Court in B.B. Sarkar vs. CIT, which held that adding a floor to a new house or renovating it does not create two separate houses.3. Timing of Construction:The CIT(A) noted that the construction of the additional floors commenced a year after the purchase of the new house, suggesting that if they were part of the same unit, construction should have been simultaneous. The assessee explained the delay due to personal reasons, including health issues and family matters. The Tribunal accepted these explanations, stating that the delay should not be fatal to the claim, provided the construction was within the prescribed period.4. Applicability of ACIT vs. T.N. Gopal:The CIT(A) relied on the decision in ACIT vs. T.N. Gopal, where the exemption under Section 54F was denied for constructing an additional floor on an existing house. However, the Tribunal distinguished this case, noting that the current case involved the purchase of a new house and the construction of additional floors on it, which is different from merely adding a floor to an existing property.Conclusion:The Tribunal concluded that the objections raised by the CIT(A) were not valid. It held that the deduction under Section 54F should include the costs incurred for constructing the 2nd and 3rd floors, as these were part of the new house purchased by the assessee. The appeal filed by the assessee was allowed, and the deduction under Section 54F was granted for the entire claimed amount, including the construction costs of the additional floors.