Assessee sold its property and invested sale consideration for purchasing a new residential flat. Assessee filed return under section 139 and claimed deduction under section 54/54F of the Act. However, part of sale consideration was received after filing return for which assessee filed revised return and claimed entire benefit under section 54/54F of the Act. AO restricted deduction on ground that certain payments with respect to purchase of new property were made by assessee after due date of filing of return and same would not be eligible for deduction under section 54/54F of the Act. On appeal the Tribunal held that since assessee invested entire sale consideration immediately on receipt of same and said investment was within stipulated time limit, sub-section(4) of section 54/54F related to deposit in capital gain account scheme would not be attracted in such case and assessee would be eligible to claim deduction of entire sale consideration.. (AY. 2015-16)
Aniruddh Rinki Gandhi v. DCIT (IT) (2022) 194 ITD 376 (Ahd.) (Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence Capital Gain Account Scheme-Entire sale consideration was invested for purchasing new residential flat and said investment was within stipulated time limit-Eligible to claim deduction. [S. 54(4), 54F, 139]