Moturi Lakshmi ( Ms.) v. ITO (2020) 428 ITR 462/194 DTR 417/ 274 Taxman 286 (Mad) (HC)

S.54F : Capital gains- Investment in a residential house Sale of capital asset and construction or purchase of residential house within stipulated time —Purchase or construction need not be made out of sale consideration for capital asset . [ S.45, 54(1) ]

Allowing the appeal the Court held that ; the investment in the new asset for the purpose of deduction under section 54F need not be out of the sale consideration received on sale of the original asset. Section 54F encourages investment in residential houses and is required to be interpreted in such manner as not to nullify the object. The intention of the Legislature was that the assessee should either purchase before or after the date of sale and the word “purchased” or “constructed” used in the Notes on Clauses amply makes the intention clear. Section 54F of the Act nowhere envisages that the sale consideration obtained by the assessee from the original capital asset is mandatorily required to be utilised for the purchase or construction of a house property.( AY.2013-14)