Section 54 exemption disallow in the year of claim

The assessee have claimed exemption under 54f a y. 23-24 however he was already owning 2 house property, the case of the assessee was selected under cass for a.y. 24-25 ,,,   where he had purchased a immovable property of 65lkh and  which  dlc rate are 30lkh and fund seems to be routed from seller to buyer prior to registion and than to seller,, 

In such case 54f disallowing in the amym 23-24 or 24-25 and routed fund may be treated as accomodation entry or colourable device  if not explained 

How to proceed both from point of revenue and assessee

Replies (7)
Quick Summary
This discussion addresses the disallowance of Section 54F exemption for AY 2023-24 when the assessee already owns more than one residential property. It also covers potential issues in AY 2024-25 regarding fund routing, which could be treated as an accommodation entry or colourable device if not properly explained. The advice outlines steps for both the revenue authorities and the assessee to navigate these complex tax scenarios, emphasising the need for clear documentation and genuine transaction proof.

Pls share your view 

n assessee who already owns more than one residential house (other than the new asset) is not eligible for exemption under Section 54F of the Income Tax Act. Here, the relevant issues involve:

  • Disallowance of Section 54F exemption for AY 2023-24

  • Treatment of fund routing (accommodation entry/colourable device) for AY 2024-25

  • Section 54F exemption is available to an individual/HUF upon sale of a long-term capital asset other than a residential house, if net consideration is invested in a residential house, but the assessee should not own more than one residential house other than the new asset at the time of transfer.

  • If, in AY 2023-24, the assessee owned two houses on the date of transfer, the exemption should be denied in AY 2023-24 itself (the year of claim).

  • The assessment in AY 2024-25 may uncover the claim during CASS (Computer Assisted Scrutiny Selection), but the disallowance is applied for AY 2023-24, via revision or rectification or reopening if not already denied.

  • If funds appear to have been routed from the seller to the buyer and returned prior to registration, it may suggest a non-genuine transaction or “accommodation entry” or “colourable device” if the source/explanation is not satisfactory.

  • The Revenue may treat these funds as unexplained cash credit (section 68) or invoke section 69 for unexplained investment if not satisfactorily explained.

  • The burden of proof is on the assessee to demonstrate the genuineness of the transaction and source of funds.

Steps for Revenue Authorities
  • Disallow Section 54F claim for AY 2023-24 if assessee owns more than one house.

  • Investigate the fund flow between seller and buyer; issue notices under section 68/69 asking assessee to explain the source.

  • If explanation is not satisfactory, treat routed funds as unexplained income/accommodation entry in AY 2024-25 and levy tax accordingly.

Steps for Assessee
  • Provide documentary evidence proving the source of funds and genuine nature of property transaction.

  • Submit affidavits, bank statements, and replies to notices explaining fund flow.

  • Compile details of residential house ownership as on the date of transaction to answer scrutiny.

  • If exemption claim under 54F is denied, consider alternate legal remedies (appeal, revision, etc.).

@ Sajjan Tawde

Congratulations.

Your ASSESSEE is now fixed for life for playing badminton/tennis with the tax authorities.

He is becoming oversmart,      

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