Assessee earned long term capital gain along with his minor children on sale of equity shares of a private limited company and claimed exemption u/s 54F of the Act. Assessing Officer clubbed income/capital gain of both minors with assessee, without allowing the deduction u/s. 54F of the Act. Tribunal held that Gains earned by minors were invested in CGAS and after investment made by minor children under section 54F, there was no chargeable capital gain which could be clubbed under section 64(1A) of the Act. Accordingly the AO was directed to allow the claim u/s 54F of the Act. (AY. 2013-14)
Hemant Shah v. ACIT (2020) 185 ITD 68 (Mum.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Invested in capital gain account scheme-Gains along with minor children-Sale of equity shares of Pvt. Ltd. company-Entitle to exemption-More than one house-Matter remanded for verification. [S.45, 64]