Jayshree Shankar Done (Smt.) v. ITO (2021) 186 ITD 257 (Pune) (Trib.)

S. 45 : Capital gains-Transfer-Sale agreement registered on 26-8-2011 and possession was also handed over on the said date-Capital gains assessable in assessment year 2012-13. [S. 2(47), 54F]

Assessee sold an agricultural land which was inherited through her father. Assessing Officer held that since date of transfer of asset was on 26-8-2011, capital gains should be assessed in assessment year 2012-13. The assessee contended that as major portion of sale consideration were realized on 7-4-2012 and 14-7-2012 respectively, capital gains should be assessed in assessment year 2013-14. Tribunal held that   since sale agreement was registered on 26-8-2011 and at same time possession of property was also handed over to purchasers on said date itself, capital gain arising from such sale was to be assessed in year under consideration, i.e. assessment year 2012-13. Since assessee neither purchased one residential house within period of one year before date of transfer or after two years of date of transfer nor constructed house within a period of three years, exemption as claimed by assessee under section 54F was liable to be denied. (AY. 2012-13)