Mrs. Kamla Ajmera vs Pr. Commissioner Of Income Tax
Judges (2)
Case Significance
Mrs. Kamla Ajmera vs Pr. Commissioner Of Income Tax is a Delhi High Court decision dated December 3, 2024 (citation: ik-121641955). The assessee appealed the ITAT's decision denying Section 54F exemption for capital gains on the sale of an inherited plot in Jaipur, where the sale proceeds were used to purchase two separate flats (A-1501 and A-1602) in a residential society in Noida. The key issue was whether the purchase of two distinct, non-adjacent flats on different floors in the same tower qualified as 'a residential house' under Section 54F of the Income Tax Act, 1961. The Court held that the two flats did not form a The bench comprised Justices Swarana Kanta Sharma and Vibhu Bakhru. The judgment was delivered by Justice Swarana Kanta Sharma. Counsel appearing: Harshit Chauhan (counsel for appellant), Sanjay Kumar (counsel for respondent).
Summary
The assessee appealed the ITAT's decision denying Section 54F exemption for capital gains on the sale of an inherited plot in Jaipur, where the sale proceeds were used to purchase two separate flats (A-1501 and A-1602) in a residential society in Noida. The key issue was whether the purchase of two distinct, non-adjacent flats on different floors in the same tower qualified as 'a residential house' under Section 54F of the Income Tax Act, 1961. The Court held that the two flats did not form a single residential house as they were on diagonally opposite ends of different floors and lacked characteristics of a unified residence, and the appeal was dismissed in favour of the Revenue.
What was the outcome of Mrs. Kamla Ajmera vs Pr. Commissioner Of Income Tax?
The assessee appealed the ITAT's decision denying Section 54F exemption for capital gains on the sale of an inherited plot in Jaipur, where the sale proceeds were used to purchase two separate flats (...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-121641955)