Assessee  sold the property, but he  neither admitted capital gains on sale of property nor claimed exemption under any of provisions of Act.  The AO accepted income declared . CIT revised the   order holding that since assessee neither declared capital gain nor claimed any deduction in respect thereof in return of income, his claim for deduction was not allowable.  Tribunal held that ,  since the  sale proceeds  were invested for construction of another residential property, mere fact that deduction was not claimed in return of income could not be the ground  for denial of assessee’s claim.  Accordingly the  revisional order passed by the CIT   is bad in law .is not as per law.  (AY.2010 – 2011)