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Issues involved: Appeal against Tribunal's order regarding deduction under section 54F of the Income Tax Act.
Summary: Issue 1: Tribunal's interpretation of section 54F The appellant, a chartered accountant, sold his business to a company and claimed exemption under section 54F of the IT Act for investing in a new property. The AO disallowed the deduction as the property was not purchased out of the consideration received from the transferred asset. The CIT(A) allowed the claim, stating the option to invest within a year before the transfer date. The Tribunal remanded the matter and eventually allowed the claim. The Revenue appealed, arguing that the property was not purchased from the sale consideration. The High Court held that section 54F does not impose such a pre-condition and confirmed the Tribunal's decision, emphasizing the need to interpret tax statutes based on language and objectivity. Issue 2: Conditions for applicability of section 54F Section 54F allows individuals or HUFs to claim exemption on capital gains from a long-term asset by investing in a residential house within specific time frames. The Board's circular further explains the provision's intent to promote house construction and the conditions necessary for exemption eligibility. The High Court found that the appellant met all conditions required under section 54F, rejecting the Revenue's argument that investment should be solely from sale consideration. In conclusion, the High Court dismissed the appeal, affirming the Tribunal's decision to allow the deduction under section 54F, stating no substantial question of law arose for consideration.
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