CIT v. Kalpana Hansraj (2019) 261 Taxman 294 / 176 DTR 217/ 307 CTR 797 (Bom.)(HC)

S. 54F : Capital gains–Capital asset-Investment in a residential house–Booked a flat in January 1981–Right in the flat was sold in the year 2005 -Allowable deduction. [S. 2(14), 45]

AO rejected assessee’s claim on ground that assessee had sold a flat which was in nature of residential unit and therefore, S. 54F would not apply. Tribunal held that  the assessee had booked a flat far back in January, 1981 and till time, she sold her rights in flat in year 2005, completion of construction was nowhere in sight.  Tribunal thus taking a view that it was not a case of sale of residential property, allowed assessee’s claim for deduction.  High Court affirmed the order of the Tribunal. (AY. 2006-07)