2023 (9) TMI 155 - AT - Income Tax

Successful appeal grants deduction under section 54F, overturns denial of exemption, nullifies interest.

Zannathul Firdouse Versus The Income Tax Officer, International Taxation Ward - 2 (2), Chennai.

The appellant, involved in a case concerning denial of exemption under section 54F of the Income Tax Act, successfully argued before the Tribunal for the ... Deduction u/s. 54F - flats to be received in pursuant to JD Agreement - AO denied deduction as assessee has acquired multiple flats in violation of conditions prescribed u/s. 54F and the construction of new residential house property was not completed on or before three years from the date of transfer of original asset - HELD THAT:- There is no dispute with regard to the fact that, the assessee has claimed deduction u/s. 54F of the Act for multiple flats and said claim is in accordance with law, in light of the decisions of various High Courts including Smt. V.R. Karpagam (2014 (8) TMI 899 - MADRAS HIGH COURT). A similar issue has been taken in the case of K.G. Rukminiamma [2010 (8) TMI 482 - KARNATAKA HIGH COURT] Therefore, we cannot find fault with the claim of the assessee on this ground alone. Construction of house property was not completed within three years from the date of transfer of original asset - We find that the assessee has admitted the fact that the builder did not complete construction of house property on or before three years from the date of transfer of original asset. Therefore, we cannot find fault with the reasons given by the Assessing Officer to reject deduction u/s. 54F on this ground. Assessee has made a new claim before the CIT(A) and sought deduction u/s. 54F in respect of purchase of new residential house property purchased - CIT(A) rejected alternate claim made by the assessee without discussing how such claim cannot be admitted. In the present case, the assessee has purchased a new residential house property on 25.04.2012, which is within two years from the date of transfer of original asset. The assessee has satisfied other conditions because, the new residential house property was purchased on or before due date for filing return of income u/s. 139(1) of the Act and thus, she need not to keep sale consideration in capital gains deposit account scheme as per the provisions of section 54F(4) of the Act. Since, the appellant has satisfied all conditions prescribed for claiming deduction u/s. 54F of the Act, in our considered view, the ld. CIT(A) ought to have allowed alternate claim made by the assessee for deduction u/s. 54F of the Act. Thus, we set aside the order of the ld. CIT(A) and direct the Assessing Officer to allow deduction u/s. 54F of the Act, in respect of residential house property purchased by the assessee on 25.04.2012. Decided in favour of assessee. ISSUES PRESENTED AND CONSIDERED 1. Whether deduction under section 54F is allowable in respect of consideration received in the form of flats allotted pursuant to a Joint Development Agreement where (a) multiple flats are involved and (b) construction of the flats was not completed within three years from date of transfer of the original asset. 2. Whether, having denied exemption in respect of flats to be received under the Joint Development Agreement because construction was not completed within three years, the assessee's alternate claim for deduction under section 54F in respect of a separately purchased residential flat (acquired within the time-limits prescribed by section 54F and on or before the due date for filing the return under section 139(1)) should have been admitted and allowed. 3. Incidental: Whether the Commissioner of Income Tax (Appeals)'s rejection of the alternate claim without discussing admissibility or compliance with section 54F was correct (procedural and adjudicatory adequacy of appellate reasoning). ISSUE-WISE DETAILED ANALYSIS Issue 1 - Applicability of section 54F to flats received under a Joint Development Agreement when multiple flats are allotted and construction is not completed within three years Legal framework: Section 54F grants exemption from capital gains where net consideration is invested in one residential house (or subject to certain conditions, as interpreted by courts, in more than one residential house), and requires purchase within one year before or two years after the date of transfer or construction to be completed within three years; it disqualifies deduction where the conditions are not met. Precedent Treatment: High Court decisions (including the Madras High Court in V.R. Karpagam and the Karnataka High Court in K.G. Rukminiamma) have addressed claims involving allotment of multiple flats and the availability of section 54F relief in the Joint Development Agreement context. The Tribunal follows those precedents in recognizing that multiple acquisitions pursuant to a JDA may, in appropriate circumstances, be compatible with section 54F. Interpretation and reasoning: The Tribunal accepted that the claim for multiple flats pursuant to a JDA cannot be rejected solely because more than one flat is involved, in view of the controlling precedents. However, the Tribunal found as an admitted fact that construction of the flats allotted under the JDA was not completed within three years from the date of transfer of the original asset. Completion within three years is a specific statutory condition for claiming exemption where the investment takes the form of constructed property; non-completion therefore defeats the claim. The Tribunal thus distinguishes the permissibility of multiple flats (followed) from the independently fatal consequence of non-completion within the statutory period (sustained rejection on that ground). Ratio vs. Obiter: The holding that multiple flats allotted under a JDA can, on precedent, be treated as investment for section 54F purposes (subject to other conditions) is ratio as applied to the facts. The confirmation that non-completion within three years disqualifies exemption under section 54F is ratio in relation to the statutory requirement. Conclusions: Deduction under section 54F in respect of flats to be received under the Joint Development Agreement cannot be allowed because construction was not completed within the three-year period prescribed by section 54F, notwithstanding that allotment of multiple flats is not, by itself, fatal to a claim for exemption. Issue 2 - Admissibility and entitlement to section 54F deduction in respect of an alternate separately purchased residential flat acquired within prescribed time-limits Legal framework: Section 54F permits exemption where net consideration is invested in a residential house purchased within one year before or two years after the transfer; if purchase is made on or before the due date for filing the return under section 139(1), there is no need to deposit the sale consideration under the capital gains deposit scheme (section 54F(4)). The statutory conditions are cumulative and must be satisfied to claim exemption. Precedent Treatment: The Tribunal references and follows established principles (as reflected in the authorities considered) that permit a factual and legal examination of alternate investments where the primary claimed investment fails to meet statutory conditions. Interpretation and reasoning: The Tribunal examined the alternate claim that the assessee purchased a separate residential flat on 25.04.2012 (within two years of transfer) for consideration of Rs. 1,45,00,000 and found that: (a) purchase fell within the statutory time-limit (one year before or two years after transfer); (b) the purchase was made on or before the due date for filing the return under section 139(1), thereby obviating the need for deposit under section 54F(4); and (c) other statutory conditions for section 54F were met. The Commissioner of Income Tax (Appeals) had rejected the alternate claim without discussing its admissibility or the relevant compliance, which the Tribunal treated as an error of appellate adjudication requiring consideration and, where compliance is shown, allowance of the claim. Ratio vs. Obiter: The direction to allow the alternate claim where the alternate property was validly purchased within the statutory timeframe and on or before the return due date is ratio as applied to the facts; the observation that the CIT(A) erred procedurally in not considering admissibility is part of the Tribunal's operative reasoning (ratio with respect to appellate duty). Conclusions: The alternate claim for deduction under section 54F in respect of the residential flat purchased on 25.04.2012 satisfies the statutory conditions and ought to have been admitted and allowed by the CIT(A). The Tribunal set aside the CIT(A)'s order on this point and directed the Assessing Officer to allow the deduction under section 54F in respect of that separately purchased residential property. Issue 3 - Adequacy of appellate reasoning in rejecting the alternate claim (procedural/ adjudicatory adequacy) Legal framework: Appellate authorities must examine and record reasons when rejecting claims, particularly where statutory conditions may be satisfied; denial without discussion of admissibility or compliance amounts to insufficient adjudication. Precedent Treatment: The Tribunal applied ordinary standards of appellate scrutiny and reasoned decision-making; no novel precedent was overruled or distinguished on this procedural point. Interpretation and reasoning: The CIT(A) dismissed the alternate section 54F claim without explaining why the claim could not be admitted despite the factual record showing compliance with time and filing requirements. The Tribunal held that leaving aside the failed JDA-based claim, the alternate purchase claim required examination and, having found compliance, required allowance. The Tribunal treated the CIT(A)'s failure to address admissibility as an error necessitating intervention. Ratio vs. Obiter: The finding that an appellate authority must consider and record reasons on an alternate claim where statutory compliance is arguable is ratio on procedural adequacy in this context. Conclusions: The CIT(A)'s rejection of the alternate claim without addressing its admissibility was procedurally unsound; the Tribunal remitted direction to the Assessing Officer to allow the deduction under section 54F for the separately purchased residential flat. Overall Disposition The Tribunal sustained the denial of section 54F relief in respect of flats to be received under the Joint Development Agreement because construction was not completed within three years (statutory disqualification), but allowed the alternate claim and directed allowance of section 54F deduction in respect of the separately purchased residential flat acquired on 25.04.2012, since all statutory conditions for section 54F were satisfied and the appellate authority had failed to properly consider that claim. The appeal was allowed accordingly.