R. Venkata Dhana Lakshmi v. ITO (2021) 89 ITR 28 (SN) (Vishakha) (Trib.)

S. 45 : Capital gains-Consideration from sale of land as long term-Transfer of superstructure as short term capital gains-Deposit in specified Bank account and using it only for acquiring new asset Eligible for deduction-Not making claim in return-Appellate Authorities not barred from entertaining fresh claim. [S. 54F, 254(1)]

Held that the sale consideration received in respect of transfer of land as long-term capital gains and transfer of super structure as short-term capital gains. Tribunal also held that  the assessee had made the investment for purchase of the new flat within two years from the end of the relevant financial year as specified under section 54F of the Act. Though the assessee had not made the deposit in the specified account, he had made the deposit in the bank account and used it only for the purpose of acquiring the new asset. Since the deduction under section 54F is a beneficial provision and introduced with an intention to encourage housing accommodation across the country, the assessee was eligible for deduction under section 54F from the long-term capital gains. (AY. 2010-11)