Bhagwan Swaroop Pathak v. ITO (2020) 80 ITR 89( Delhi) (Trib)

S. 54 : Capital gains – Profit on sale of property used for residence -New property acquired in Son’s name —Exemption cannot be denied [ S.45 ]

Tribunal held that the assessee had demonstrated that the property was in the name of his son was acquired by him through the consideration received from the sale deed of the old property. The bank statement and the cheque issued to the builder as well as the confirmation received from the builder demonstrated that the payment was made by the assessee for purchase of the new property within the stipulated time as prescribed under section 54 .. The exemption could not be denied if the entire investment had come out of proceeds of the old property.( AY.2010-11)