Section 54F of Income Tax Act, 1961—In the instant case the assessee claimed exemption under section 54F of the Act at Rs. 32,50,000/- for construction of residential house. The assessee’s claim was rejected as the Assessing Officer noting that the land on which the assessee had claimed to build the residential house was in the name of his mother. The commencement and completion certificate issued by the Nashik Municipal Corporation was also in the name of the mother of Appellant-assessee. The Commissioner (Appeals) and the Tribunal upheld the view of the Assessing Officer.

Held that— The Commissioner (Appeals) followed the decision of Nagpur Bench of this Court in the case of Prakash vs. Income-Tax Officer and others – [2009] 312 ITR 40 (Bom). In this case where the Assessee purchased the property in the name of adopted son and not on his own name, he was denied the benefit. The Appeal is accordingly dismissed.[SANJAY L. SONAVANE VERSUS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE -2, NASHIK] [2020] 21 ITCD Online (9) [BOMBAY HIGH COURT]