| COURT: | ITAT Chandigarh |
| CORAM: | Annapurna Gupta (AM), Sanjay Garg (JM) |
| SECTION(S): | 54, 54F |
| GENRE: | Domestic Tax |
| CATCH WORDS: | capital gains, exemption, new residential house |
| COUNSEL: | M. S. Vohra |
| DATE: | February 5, 2018 (Date of pronouncement) |
| DATE: | February 12, 2018 (Date of publication) |
| AY: | 2013-14 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 54: If agreement for purchase of new residential house is made and entire purchase price is paid within three years from the date of transfer of the old asset, exemption u/s 54 is available. It is not required that the house must be completed within 3 years. The requirement in s. 54(2) that the capital gains should be deposited in the CGAS scheme is merely an enabling provision. If the assessee shows during assessment proceedings that the capital gains have been reinvested in the new residential house, exemption cannot be denied merely the amount was not deposited in the CGAS | |
If the assessee at the time of assessment proceedings, proves that he has already invested the capital gains on the purchase / construction of the new residential house within the stipulated period, the benefit under the substantive provisions of section 54(1) cannot be denied to the assessee. Any different or otherwise strict construction of sub section (2), in our view, will defeat the very purpose and object of the exemption provisions of section 54 of the Act
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