The assessee disclosed capital gains but claimed deduction under S. 54 of the Act . The AO disallowed the deduction on the ground that the assessee had entered into an agreement dated February 10, 2006 and the date of the agreement was to be treated as the date of acquisition, which fell beyond the one year period provided under S.  54 and was also prior to the date of transfer.  The Commissioner (Appeals) held that the assessee had booked a semi-furnished flat and was to make payments in instalments and the builder was to construct the unfinished bare shell of a flat. Under these circumstances, the Commissioner (Appeals) considered the agreement to be a case of construction of new residential house and not purchase of a flat. He observed that since the construction has been completed within three years of the sale of original asset, the assessee was entitled to relief . Tribunal affirmed the order of the CIT (A) . On appeal by the revenue the Court held that  Section 54 of the Income-tax Act, 1961 , requires an assessee to purchase a residential house property either one year before or within two years after the date of transfer of long-term capital asset ; or construct a residential house. It is not stipulated or indicated in the section that the construction must begin after the date of sale of the original or old asset.  As regards alleged addition of maintenance charges the court held that  consistent factual finding arrived at by the Commissioner (Appeals) and the Tribunal did not give rise to any question of law.( AY.2012-13)