Lekha Reddy Mettu. (Smt.) v. ACIT (2024) 207 ITD 244/ 232 TTJ 109/242 DTR 265 (Hyd) (Trib.)

S.54F : Capital gains-Investment in a residential house-Joint Development agreement-Disputes-Delay of seven years-Denial of exemption is affirmed. [S. 45]

Joint Development agreement (JDA)  was entered into by assessee along with other owners on 31.5.2016 for development of a land wherein assessee was eligible to get one residential villa within 36 months of JDA.  Plans were approved on 17.04.2017.  Construction was to be completed within 36 months i.e. by 31.05.2019.  However, litigation was filed by partners of developers against each other on 21.10.2021 and construction was completed in November 2023.  Assessee claimed exemption under section 54F.  Assessing Officer  held that the assessee had not acquired legal title/registered residential house/villa in her name till date while section 54F stipulated that assessee should purchase house within two years or construct new house within three years hence  denied exemption under section 54F..On appeal the Tribunal held that  dispute among partners of developers arose only after 25.10.2021 which was beyond period of 3 years from date of transfer of capital assets which happened pursuant to JDA on 31.5.2016.There was a delay of more than 7 years in completing construction as against period of years under section 54F. Explanation given by assessee that there was dispute among partners was not substantiated. No evidence had been filed to demonstrate that any serious efforts were made by assessee to ensure due completion of construction within time granted by statute. The  Assessing Officer is  justified in denying exemption under section 54F  of the Act.   (AY. 2017-18)

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