Deduction under sections 54B and 54F on sale of flats; appellate additional claim allowed, AO directed to recompute capital gains

   Case-Laws – AT : Disallowance of deduction under sections 54B and 54F was examined; tribunal concluded the assessee is not entitled to either deduction and capital gain tax is payable on sale of flats, outcome: taxability established. Tribunal accepted that a registered joint venture agreement effected transfer earlier, making the share in constructed flats a capital asset and the market value at receipt (post occupancy certificate) constitutes cost of acquisition, outcome: cost to be treated from assessment year 2015-16. Tribunal allowed an additional claim before appellate authorities and restored the matter to the assessing officer to verify long term capital gain computation and determine correct tax liability.