Sharada Mohan Shetty. v. ITO (2023) 201 ITD 21 (Bang) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Construction delayed due to litigation-Exemption cannot be denied-Proportional deduction is allowed.[S. 45]

During relevant assessment year, assessee sold a plot of land on 8-9-2014.  Assessee invested entire sale consideration towards purchase of two residential sites developed by Bangalore Development Authority (BDA). In return of income, long-term capital gain was worked out and deduction under section 54F was claimed.  Assessing Officer held that since assessee had not constructed a residential house within a period of three years after date of sale of capital asset and not deposited unutilized amount in capital gain account before filing return of income she was not eligible for exemption under section 54F. Assessee contended that receipts from sale of capital assets were invested in purchase of two plots from BDA. First plot was purchased on 31-10-2014 and Plot No. 2 was purchased on 5-12-2018. Accordingly,  sum were invested towards purchase of residential plot and construction of house building respectively. Further contended that since original landlord filed writ petition before High Court and did not allow construction to go through whose land was acquired by BDA to form layout, assessee was unable to construct residential house within stipulated time as per section 54F. On appeal the Tribunal held that  the  assessee had genuine reason for not constructing building within due date as prescribed by section 54F, though intention of assessee was to construct residential house building. The  assessee would be eligible for proportionate deduction as per section 54F, since entire sale proceeds were not used for new assets.  (AY. 2015-16)