Shangar v. DCIT [2024] 205 ITD 126 (Ahd) (Trib)

S.54EC: Capital gains-Investment in bonds -Investment in bonds -Sale of office premises -Depreciable assets -Six months mentioned in section 54EC is to be recorded as six British calendar months -Eligible for deduction in respect of both investments. [S. 2(11), 45, 50]

Assessee has sold office premises on 16-12-2013. He invested Rs. 50 lakhs in REC Bonds on 31-3-2014 and another Rs.50 lakhs on 30-6-2014. The Assessing Officer held that the assessee was eligible for deduction only in respect of fist investment which was made on 31-3-2014. The Assessing Officer held that amendment with effect form 1-4-2015 is clarificatory in nature. On appeal the CIT(A) enhance the income by holding that the assessee has sold the depreciable asset which is a short term capital asset hence not eligible for deduction under section 54EC of the Act. On appeal the tribunal held that the investment made by the assessee is within period of six months hence both the investments are eligible for deduction under section 54EC of the Act (AY. 2014-15)

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