Assessee-trust sold a property on 28-4-2015 at Rs. 75 lakhs and made investment in a bank in fixed deposits. Fixed deposits were matured on 29-4-2018, which were further renewed up to 29-4-2021, which were later on converted into capital gain account scheme. Assessee utilized entire amount of capital gain for purchasing another property in financial years 2022-23 and 2023-24 and claimed exemption under section 11(1A) Held that as per Instruction No. 853, dated 24-9-1975, the assessee qualified for exemption under section 11(1A) in relevant assessment year 2016-17. (AY. 2016-17)
Vaishnav Samaj Trust v. ITO (2024) 208 ITD 507 (Surat) (Trib.)
S. 11 : Property held for charitable purposes-Sale of property-Invested in bank fixed deposit-Converted into capital gain account scheme-Utilised entire amount of capital gain for purchasing other property in financial years 2022-23 and 2023-24-Instruction No. 883, dated 24-9-1975-Entitle to exemption.[S 11(1), 11(5), 11(IA)]