Lalit Kumar Kalwar v. ITO (2023)106 ITR 373 /226 TTJ 192 / 156 taxmann.com 27 (SMC) (Jaipur) (Trib) Lalit Kumar Kalwar v. ITO (2023)106 ITR 401 (Jaipur) (Trib)

S. 54F : Capital gains-Investment in a residential house-Investment of net consideration in construction of house-Full value of consideration-Deeming fiction is not applicable-Entitled to exemption-Penalty deleted. [S. 48, 50C, 139(4), 271(1)(c)]

Allowing the appeal the Tribunal held that   the cost of the new asset was not less than the net consideration. Thus, the whole of the capital gains would not be charged even if the capital gains had been computed adopting the value adopted by the stamp registration authority. When the assessee had invested entire actual sale consideration received by him in the purchase and construction of the new house in accordance with the provisions of section 54F(1) thereafter the provisions of section 50C would not be applicable. The assessee is  entitled to exemption under section 54F of the Act. Quantum of addition is deleted . Penalty is not sustainable . (AY. 2013-14)