Babulal v. ITO (2021) 187 ITD 851 (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Sale of land-Assessable as capital gain-Entitle for exemption. [S. 28(i), 45]

Allowing the appeal of the assessee the Tribunal held that  when the intention while acquiring land was to construct the house and thereafter  its conversion into sites and obtaining approval and dates of sale by assessee all go to show that his intention at time of acquisition was not with a view to indulge in an adventure in nature of trade, gain on sale of land was to be regarded as income under head capital gain and consequently, assessee would be entitled to all deductions permissible while computing income under head capital gain.  (AY. 2013-14)