The Assessee constructed a house upon said land in the financial year 2013-14 and sold said land along with one part of a house constructed upon the land in the same financial year for a consideration of a certain amount. She further made investments in new residential house property and, accordingly, claimed exemption under section 54 of the Act. Held that building/house constructed was sold within 36 months of construction and, hence, capital gains arose on it being a short-term capital gain was not eligible for exemption under section 54 of the Act. However, since the assessee had held land for more than thirty-six months before its sale, exemption under section 54 was to be allowed on long-term capital gains realised on the sale of land. Tribunal held that consideration towards land has to be assessed as long-term capital gains. Deductions on account of the construction of the boundary wall and the filling of soil were disallowed due to failure to provide any evidence. (AY. 2014-15)
Seema Shah (Smt.) v. ITO (2022) 195 ITD 733 / 99 ITR 595 (Varanasi)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Short term-Long term-Land-House constructed was sold in the same year of construction-Assessable as short term-Exemption is available only to long term capital gains-Consideration towards land to be assessed as long term capital gains-Cost of boundary walls-Deduction-Evidence was not produced-Deduction was denied. [S. 2(29A), 2(29B), 2(42A), 2(42B), 45, 48]