Assessee sold a residential property and invested sale consideration for booking a semi-finished residential flat with a builder and claimed exemption u/s 54 of the Act. AO disallowed the claim on grounds that the assessee had acquired new property beyond period of one year prior to date of transfer prescribed. CIT(A) allowed the claim. On appeal by the revenue the Tribunal held that booking a semi finished flat with builder who constructed unfinished bare shell of flat in which assessee had to carryout internal fit outs on its own to make it liveable, was to be considered as a case of construction of new flat and not purchase of a flat. Accordingly eligible for exemption. (AY. 2012-13)
ACIT v. Seema Sobti. (2019) 177 ITD 370 / 181 DTR 132 (Delhi)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence–Booking of semi finished flat with builder-Carry out internal fit-outs to make it liveable on its own-treated as construction of property and not purchase of property, same was to be treated as case of construction of property and not purchase of property- Entitle to exemption. [S. 45]