INCOME TAX ACT, 1961

Section 250(6)

Appeal [CIT(A)] - Order of CIT(A) - Assessee challenged denial of benefit undr section 54 by AO but CIT(A) not adjudicated the same -

Assessee claimed deduction under section 54 but AO denied deduction on the ground that assessee sold a piece of land and not a residential house. According to him, existence of any structure fixtures on land could not be said to be a residential house. He, however, allowed the benefit of deduction under section 54F. Before CIT(A) assessee submitted that it was not merely sale of a piece of land but, sale of a developed land along with building structure, furniture and fittings, etc., there was a farm house on the said land with residential unit, therefore, denial of claim under section 54 was bad-in-law. Although assessee challenged denial of benefit under section 54 by AO but CIT(A) not adjudicated the same.Held: Though assessee had filed various documents before CIT(A) to substantiate that there was a residential unit on the farm house, however, he had not given any finding on this issue. Therefore, matter was restored to CIT(A) with a direction to adjudicate the issue of deduction under section 54 which was specifically challenged before him by assessee.

REFERRED :

FAVOUR : Matter remanded.

A.Y. :

INCOME TAX ACT, 1961

Section 48

SUBSCRIBE FOR FULL CONTENT

OR Try Reload the Page