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2011 (9) TMI 1136 - AT - Income Tax

Issues involved: Appeal against CIT(A) order regarding deduction u/s. 54F of the Income Tax Act, 1961 for Assessment Year 2006-07.

Summary:
The appeal by the assessee challenges the CIT(A)'s decision to disallow deduction u/s. 54F of the Act. The assessee raised grounds related to the denial of exemption for investments made in residential properties. The assessee claimed to have sold shares and invested the proceeds in land purchase and house construction within the prescribed time limit. The Assessing Officer reviewed the details of the investments and the time limits. The issue of exemption u/s. 54 was discussed, referencing a decision by the Kerala High Court. The court clarified that the law does not mandate the use of sale proceeds for property acquisition to claim the benefit of s. 54. The assessee's compliance with the investment conditions was deemed sufficient, as per the court's interpretation. The court found the assessee eligible for the section 54F exemption and allowed the appeal.

In conclusion, the court allowed the appeal of the assessee, confirming eligibility for the section 54F exemption. The order was pronounced in open court on 09.09.2011.

 

 

 

 

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