Amit Parekh. v. ITO (2018) 170 ITD 213 (Kol) (Trib.)

S. 54 : Capital gains – Profit on sale of property used for residence – Mere availment of house building loan by assessee from bank for purchasing a new residential unit could not act as a disqualification for claim of exemption .[ S.45 ]

Allowing the appeal of the assessee the Tribunal held that ; Mere availment of house building loan by assessee from bank for purchasing a new residential unit could not act as a disqualification for claim of exemption , when all other conditions are satisfied .( AY.2010-11)