ITO v. Mahesh Gobind Dalamal (2019) 70 ITR 599 (Mum.)(Trib.)

S. 54 : Capital gains-Purchase of residential property at Dubai-No condition that investment to be made in India during year 2014-15-Entitled to exemption. [S. 45]

Held, that prior to the amendment there was no explicit requirement that the investment in the new residential house was to be made only in India. Only pursuant to the amendment to section 54 by the Finance (No. 2) Act, 2014 with effect from April 1, 2015 was the entitlement of an assessee to the exemption restricted providing that the new residential house purchased or constructed shall be situated in India. As the entitlement of an assessee to claim exemption under section 54 was not qualified by any such condition that the investment towards the construction or purchase of the new residential house was to be made in India during the year 2014-15, the claim of exemption so raised by him under section 54 in respect of the new residential house that was purchased by him at Dubai was in order. (AY.2014-15 )