Assessee invested sale consideration from sale of two plots and claimed exemption under section 54F-Assessing Officer held that certain amount which was not invested before due date of filing of return under section 139(1) by assessee was not invested in CGAS. He denied claim of assessee. CIT(A) held that the entire amount for the new asset under section 139(4). Entitle to exemption. On appeal the Tribunal held that the assessee had fulfilled basic condition for claiming exemption under section 54F of investing net consideration received on sale of original asset, in a new asset/residential house within prescribed period of two years of sale of original asset. Since basic condition for claiming exemption was fulfilled, exemption could not be denied merely for reason that majority of investment was made subsequent to due date of filing of return of income under section 139(1), and for not depositing unutilized amount in Capital Gains Accounts Scheme. (AY. 2016-17)
ITO v. Jhaveri Sandeep Bipinchandra (HUF) (2024) 207 ITD 622 (Ahd) (Trib.)
S.54F : Capital gains-Investment in a residential house-Majority of investment was made subsequent to due date of filing of return-Exemption is allowed.[S.45, 139(1), 139(4)]
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