Dineshbhai Jivanbhai Sanspara. v. PCIT (2023) 199 ITD 698 (Surat) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Profit on sale of property used for residence-Constructed house before one year from sale of flats-Revision order is not valid.[S. 54]

Assessee sold residential flats on 26-9-2012.He purchased land on 27-1-2010 and constructed house thereon before one year from sale of flats.The  Assessing Officer allowed exemption. Commissioner revised the order on the ground that conditions relating to investment in new asset within prescribed time frame for allowance of exemption under section 54 were not satisfied. On appeal the Tribunal quashed the Revision order. (AY. 2013-14)