ACIT v. Siva Jyothi Palam. (2024) 209 ITD 352/232 TTJ 514 /243 DTR 265 (Visakha)(Trib.)

S.54F : Capital gains-Investment in a residential house-Sale of vacant land-Purchase of house property-Time limit-Delay in registration-Beyond prescribed time limit of 24 months-Denial of exemption is not valid.[S.45]

Assessee sold vacant land in October/November, 2016 and purchased a house property and had paid entire sale consideration on 14-11-2016 and possession of property was also given to assessee on same day itself and assessee had let out said house property and offered rental income earned therefrom and also shown it in her return of income.. The AO denied the exemption on the ground that the property was purchased beyond the stipulated period of 24 months from the date of sale of the land. CIT(A) allowed the exemption. On appeal the Tribunal held that  merely because registration of house property (new) was delayed or done beyond prescribed time limit of 24 months from date of disposal of capital asset, it could not be a ground to deny exemption. (AY. 2017-18)