2013 (7) TMI 957 - AT - Income Tax

Denial of exemption claimed under sec. 54F - Held that - On perusal of section 54F(1) and sub-section (4) it reveals that these sections do not put any restriction that only capital gain would be utilized for purchase of the new house. The law permits utilization of capital gain within the specified time the assessee may use such funds for other purposes and may find resources from other source for investment in time. The section provides investment in a house prior to one year of the transfer of long term capital assets. It will make it clear that if the transfer has not taken place then from where the funds would come for making the investment. The investment must be from some other sources and when assessee would receive sales consideration on transfer of a long term capital assets he will claim set off of the capital gains against the investment already made for the purpose of exemption under sec. 54F. Revenue Authorities have erred in holding that assessee is not entitled for exemption under sec. 54F(1) of the Income-tax Act 1961 for a sum of 121, 32, 636. The investment of the assessee is more than the capital gain earned by him. Therefore we allow the appeal of the assessee and delete the addition of 121, 32, 636 in the total income of the assessee under the head long term capital gain .

Issues Involved:
1. Denial of exemption under Section 54F of the Income-tax Act, 1961.
2. Interpretation of Section 54F(1) and 54F(4) of the Income-tax Act.
3. Utilization of loan amount for purchase of a new residential house.
4. Requirement of depositing unutilized capital gains in a specified account.

Issue-wise Detailed Analysis:

1. Denial of Exemption under Section 54F of the Income-tax Act, 1961:
The assessee appealed against the order of the CIT(A) which upheld the denial of exemption under Section 54F amounting to Rs. 121,32,636. The assessee had declared a total income of Rs. 127,04,920 and claimed exemption under Section 54F on the grounds of purchasing a residential house for Rs. 322,49,500. The Assessing Officer (AO) found that only Rs. 72,49,500 of the sale consideration was used for the purchase, and the rest was funded by a loan. Consequently, the AO denied the exemption for the unutilized part of the capital gains.

2. Interpretation of Section 54F(1) and 54F(4) of the Income-tax Act:
The CIT(A) held that Section 54F(4) overrides Section 54F(1). According to the CIT(A), the amount of net consideration not utilized for the purchase/construction of a new house should be deposited in a specified account by the due date for filing the return. The assessee argued that Section 54F(4) does not override Section 54F(1) and that the Act does not require the same amount received from the sale to be used for the purchase of the new house.

3. Utilization of Loan Amount for Purchase of a New Residential House:
The assessee had taken a loan of Rs. 2.5 crores from the employer and used it to purchase the new house. The AO and CIT(A) contended that the exemption under Section 54F could only be claimed if the sale proceeds were directly used for the purchase. The assessee argued that the law permits the utilization of capital gains within the specified period, and funds from other sources can be used for the investment.

4. Requirement of Depositing Unutilized Capital Gains in a Specified Account:
The AO added back Rs. 121,32,636 to the income of the assessee as long-term capital gains because the unutilized part of the capital gains was not deposited in a specified account as per Section 54F(4). The assessee contended that the investment in the new house was made within the stipulated period, and there was no requirement to deposit the unutilized amount in a specified account.

Judgment Analysis:
The tribunal examined the relevant provisions of Section 54F and noted that both sub-sections (1) and (4) are pertinent to the controversy. Sub-section (1) allows exemption if the cost of the new asset is equal to or more than the net consideration from the transfer of the original asset. Sub-section (4) requires any unutilized amount to be deposited in a specified account by the due date for filing the return.

The tribunal found that the investment in the new house was made within the stipulated period and that there is no condition in Section 54F requiring the sale proceeds to be used directly for the purchase. The law allows for the utilization of capital gains within the specified period, and funds from other sources can be used for the investment.

The tribunal referred to several judgments supporting the view that the exemption under Section 54F is not contingent on the direct use of sale proceeds for the purchase. The tribunal concluded that the assessee is entitled to the exemption under Section 54F(1) for the entire amount of Rs. 121,32,636, as the investment in the new house exceeded the capital gains earned.

Conclusion:
The appeal of the assessee was allowed, and the addition of Rs. 121,32,636 to the total income under the head "long term capital gain" was deleted. The stay application became infructuous and was dismissed accordingly.

← Previous Next →