Hiteshbhai Mansukhbhai Bagdai v. ACIT (2024) 207 ITD 616 (Rajkot) (Trib.)

S.54F : Capital gains-Investment in a residential house-Registered sale deed-Failure to get documents registered for purchase of residential house-Denial of exemption is justified.[S. 45]

Assessee sold a long-term capital asset being land and made investment in purchase of two adjoining residential flats vide an agreement to sale and paid certain amount as full and final payment. Assessee claimed exemption under section 54F. Assessing Officer held  that documents related to agreement for sale were signed by assessee himself as a Director of company on 9-04-2015 which was not registered with Stamp Duty Authority. Assessing Officer held that as per provision of section 54F, exemption is allowable if assessee purchases a residential house within a period of two years after date on which transfer took place. Assessing Officer held  that even after a lapse of three and half years from date of sale of property, assessee had not registered documents for purchase of residential house being flat.Thus, Assessing Officer disallowed claim of exemption under section 54F. CIT(A) dismissed the appeal. On appeal the Tribunal held that   exemption under section 54F will be granted only if all conditions given under said provisions are followed/fulfilled by assessee who claims exemptions. Since assessee failed to get documents registered for purchase of residential house being flat, condition laid down in section 54F had not been fulfilled and thus, exemption under section 54F would not be allowable. (AY. 2015-16)

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