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As per Assessing Officer, the fresh investment in the plot situated at Plot No. 184, Maruti Nagar, Airport Road, Sanganer, Jaipur for Rs. 7,16,638/- was made by the assessee in the name of his wife and secondly, no documentation has been submitted in support of cost of construction thereon. Accordingly, the deduction claimed u/s 54 amounting to Rs. 8,37,280/- was denied by the Assessing Officer.Being aggrieved, the assessee carried the matter in appeal before the ld. CIT(A) who has confirmed the action of the Assessing Officer.Against the said findings, the assessee is in appeal before Tribunal.

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Sec. 54 of Income Tax Act, 1961— Deduction— Mere fact that the investment has been made in the name of the wife cannot be a reason for disallowance of deduction under section 54 - The assessee’s total income without giving effect to the provision of section 54 exceeds the maximum amount not chargeable to tax and assessee was therefore required to furnish his return of income and in absence of any reasonable cause shown by the assessee for such failure to file his return of income, the penalty u/s 271F is confirmed. - SHANKAR LAL KUMAWAT V/s ITO - [2020] 27 ITCD Online 046 (ITAT-JAIPUR)