Assessee transferred certain agricultural lands and claimed exemption in name of her sons. Assessing Officer held that exemption under section 54B could not be allowed because property was not purchased in name of assessee. On appeal, Commissioner (Appeals) affirmed action of Assessing Officer. On appeal the Tribunal held that since new agricultural land was not purchased in name of assessee who transferred original property but in name of her sons, she would not be entitled to claim benefit of exemption under section 54B. (AY. 2011-12)
Vandana Maruti Pathare. V. ITO (2022) 194 ITD 753 (SMC) (Pune)(Trib.)
S. 54B : Capital gains-Land used for agricultural purposes-Purchase of land-Failure to purchase the land in her name-Not eligible to claim exemption. [S. 45]