The claim of assessee was rejected on ground that no cogent material was placed on record by assessee to show that a residential house was constructed by it within a period of 3 years from sale of original capital asset so as to be eligible for availing deduction under section 54F of the Act. On appeal the Tribunal held that when the assessee had deposited amount in capital gain account scheme, her claim for deduction was to be allowed during year and unutilised capital gain amount, if any, would be charged to tax under section 45 as income only after expiry of three years from date of sale of capital asset as assessee’s income for said third year. (AY. 2012-13)