Assessee sold shares and earned LTCG and claimed deduction under section 54F. Assessing Officer denied exemption under section 54F on ground that period of holding of shares was less than 36 months i.e. 31 months. Drawing support from provisions of section 2(42A), Assessing Officer held that sale of shares gave rise to STCG and taxed same. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that since provisions of section 2(42A) has been amended to exclude holding period of unlisted shares being held for 12 months to be treated as LTCG but said amendment has come from assessment year 2015-16 and applicable therefrom therefore, amended provisions is not applicable. Since holding period of impugned shares was around 31 months, capital gain was to be treated as LTCG and, hence, Assessing Officer should re-consider claim of exemption under section 54F and decide issue afresh as per provisions of law.(AY. 2013-14)
Ravi Jakhar v. ACIT (2024) 208 ITD 633 (Mum)(Trib.)
S. 2(42A) : Short-term capital asset-Capital gains-Unlisted shares-Investment in a residential house-Amended provisions of section 2(42A), which exclude holding period of unlisted shares being held for 12 months to be treated as long-term capital gain is applicable from assessment year 2015-16-Shares held around 31 months-Matter remanded to decide issue afresh as per provisions of law. [S. 45, 54F]