Assessee filed the return claiming exemption under section 54B in respect of additional consideration received from the sale of land. Assessing Officer held that additional sale consideration was received after execution of registered sale deed dated 21-02-2010; hence, denied exemption on the ground that purchase was beyond statutory two-year period reckoned from date of transfer. CIT(A) affirmed the order of the Assessing Officer. On appeal, the Tribunal held that, from perusal of the agreement entered into with the escrow agent, the assessee had received additional sale consideration from the purchaser out of the escrow arrangement upon clearance of title encumbrances to the purchaser’s satisfaction in April 2012. Since the escrow agent agreement was not considered by the lower authorities, the matter was to be remanded back to the Assessing Officer to consider said document and thereafter assessee was given deduction under section 54B (AY. 2013-14)
Nitin R Shah. v. DCIT (2025) 214 ITD 646 (Ahd) (Trib.)
S. 54B: Capital gains-Land used for agricultural purposes-Reinvestment-Additional sale consideration from an escrow account-Reinvested in new asset-Matter remanded for reverification.[S. 45]
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