Search Results Page

Search Results

1 - 10 of 18 (0.27 seconds)
Raghav Kapoor Chand Gupta,Kanpur vs Dy. Cit, Circle-4, Kanpur on 28 April, 2026 cites

Pradeep Kumar Jain , Chennai vs Ito N.C.W 12(3) , Chennai on 11 September, 2018

On a query from the Bench, the ld. AR admitted that it had not been possible for the assessee to subsequently complete the construction of the said house property on account of order of the Hon. Supreme Court, that had stopped construction at Aamby Valley, but he drew our attention to the decision of the ITAT Chandigarh Bench in the case of Shri Pradeep Kumar Jain vs. ITO-2(3), Chandigarh in ITA No. 190/CHD/2019 wherein vide their order dated 21.12.2019, where the assessee could not proceed with construction activity on a residential plot because the Government of Punjab through a notification had banned the construction activity in Village Kansal in the month of May, 2017, ITAT held that the assessee was prevented from constructing the residential house over the said plot for the reasons beyond his control. Under the circumstances, it could not be considered to be a case where the assessee had failed to construct the house/residence within a period of three years from the date of 10 ITA No.360/LKW/2023 A.Y. 2013-14 Raghav Kapoor Chand Gupta sale of his property. Rather the assessee had proceeded to purchase a plot and begin construction of residential house however, was prevented due to ban on construction by the Government which was a subsequent event. Hence, the non-construction of house over the said plots was due to reasons beyond the control of the assessee and therefore, considering the exceptional facts and circumstances of the case, it could not be said that there was default on the part of the assessee for not complying with the provisions of section 54 of the Act. Under the circumstances, the denial of deduction under section 54 was not justified and the ld. AR prayed that his case being similar, the assessee should be granted the benefit of deduction as he had substantially complied with the provisions of section 54.
Income Tax Appellate Tribunal - Chennai Cites 8 - Cited by 0 - Full Document
1   2 Next