Co-owned property can’t be held as owned by assessee while allowing section 54F relief

May 29, 2019
Restrictions on ownership of co-owned property according to section 54F

Assessee claimed deduction under section 54F – Assessing Officer noted that at time of transfer of capital asset, assessee was owner of two residential houses out of which one he had jointly purchased with his wife – Assessing Officer thus rejected assessee’s claim for deduction on ground that he was owner of two flats on date of transfer of capital assets – Word ‘own’ in section 54-F would include only case where a residential house is fully and wholly owned by assessee and, consequently, would not include a residential house owned by more than one person – Since, in instant case, a residential property was co-jointly owned in name of assessee and his wife, he could not be treated as ‘absolute owner’ of said property and, thus, deduction under section 54F could not be denied to him Ashok G. Chauhan 105 taxmann.com 204 (Mumbai – Trib.)