Chandrakala Shashidhar (Smt.) v. ITO (2021) 89 ITR 67 (SN) (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchased-Constructed-Completion of house within three years is not mandatory-Capital gains Account Scheme-Investment made till date for filing return u/s 139(4) is eligible for exemption. [S. 45, 54F(4), 139(4)]

Held that the assessee need not complete the construction of the house in all aspects and occupy it. It is enough if the assessee establishes that the investment of the entire net consideration was made within the stipulated period and the construction is mostly completed. Once it is demonstrated that the consideration received on transfer has been invested either in purchasing a residential house or in construction of a residential house even though the transactions are not complete in all respects and as required under the law, that would not disentitle the assessee from the said benefit. The words used in provisions of section 54F of the Act are purchased or constructed and the condition precedent for claiming benefit under such provision is the capital gains realized from sale of a long-term capital asset should have been invested either in purchasing a residential house or in constructing a residential house. (AY. 2014-15)