DCIT v. M. Raghuraman. (2018) 65 ITR 17(SN) (Chennai) (Trib)

S. 54 : Capital gains – Profit on sale of property used for residence -Entire capital gains paid to developer of Flat — Assessee is entitled to exemption .[ S.45 ]

Dismissing the appeal of the revenue the Tribunal held that ; The entire capital gains were paid to the developer of the flat. In other words, the assessee had utilised the entire capital gains by way of making payment to the developer of the flat. The requirement of section 54 is that the capital gain shall be utilised or appropriated as specified in S. 54(2) . The assessee had complied with the conditions stipulated in S.54(2) . Therefore the assessee was entitled to exemption under S.54 of the Act  .( AY.2013-14)