LAWS(DLH)-2013-12-296

COMMISSIONER OF INCOME TAX XV Vs. BHARTI MISHRA

Decided On December 18, 2013
Commissioner Of Income Tax Xv Appellant
V/S
Bharti Mishra Respondents

JUDGEMENT

(1.) Learned counsel for the appellant-Revenue submits that he does not rely and has not been able to locate any judgment in favour of the Revenue.

(2.) The respondent-assessee, an individual, had sold shares and thereafter the sale proceeds of Rs.54,86,965/- were invested in construction of house property. Exemption was claimed under Section 54F of the Income Tax Act, 1961 (Act, for short) in the return of income filed for Assessment Year 2009-10. Amount of Rs.37,99,000/- was utilised in the construction before date of filing of return and Rs.16,87,965/- was deposited in a capital gains account in the prescribed bank on 24th July, 2009 i.e., before the due date of filing of the return.

(3.) The Assessing Officer rejected the claim for benefit under Section 54F of the Act on two grounds. Firstly, he held that the construction of the house had commenced before the date of sale of shares and secondly, the construction was not completed within three years after the date of said sale.