2000 (2) TMI 198 - AT - Income Tax

Tribunal allows flat purchase deduction with terrace as integral part

Sumati Chand Kothari (Huf). Versus Assistant Commissioner Of Income-Tax.

The Tribunal ruled in favor of the appellant, allowing the deduction under section 54 of the IT Act for the purchase of a flat, including the terrace ... Capital Gains Issues:1. Deduction under section 54 of the IT Act for the purchase of a residential house or flat.2. Eligibility of terrace space as an integral part of the flat for deduction.3. Applicability of section 154 for disallowing the deduction.Analysis:1. The appeal was filed against the order of the CIT(A) regarding the deduction claimed under section 54 of the IT Act for the purchase of a flat after selling a residential house. The AO initially allowed the deduction but later disallowed a portion related to the terrace space, leading to the dispute.2. The issue revolved around whether the terrace space, purchased alongside the flat, qualified for the deduction under section 54. The AO contended that the terrace space did not constitute an integral part of the flat and thus was not eligible for the deduction. However, the appellant argued that the terrace was inseparable from the flat, serving as a private area accessible only from the flat itself, and presented legal precedents to support this claim.3. The AO invoked section 154 to disallow the deduction for the terrace space, prompting a debate on the applicability of this provision when two plausible interpretations exist. The appellant argued against the initiation of proceedings under section 154, citing case laws to support the contention that such action was unwarranted in this scenario.4. After considering the arguments from both sides, the Tribunal concluded that the terrace space was indeed an integral and indivisible part of the flat purchased by the assessee. As the terrace could only be utilized by the owner of the flat and was acquired on the same date as the flat, the Tribunal ruled in favor of the appellant, directing the AO to allow the deduction for the entire investment, including the terrace space, in the computation of capital gains under section 54.5. Ultimately, the Tribunal allowed the appeal, emphasizing that the appellant was entitled to the deduction for the terrace space as it formed an essential component of the flat purchased. The decision highlighted the inseparable nature of the terrace from the flat and its exclusive use by the owner, leading to the allowance of the claimed deduction in its entirety.