2012 (9) TMI 88 - AT - Income Tax

Disallowance of the deduction U/s. 54F - amounts deposited in capital accounts scheme out of the borrowed funds - Held that - As decided in Muneer Khan Versus Income-tax Officer, Ward No. 7(2), Hyderabad 2010 (8) TMI 752 - ITAT HYDERABAD that money has no colour and all that is required to be eligible for relief under S.54F of the Act is compliance with the condition of investment within the specified time. As the capital gains earned by the assessee can be utilized for other purposes, and as long as the assessee fulfills the condition of investment of the equivalent amount in the scheme specified or in the asset qualifying for relief under S.54F, by securing the money spent out of the capital gains or from other sources available to it either by borrow or otherwise, and the assessee are eligible for relief under S.54F in respect of the entire amount of capital gains so deposited - in favour of assessee

Summary

Issues:
Disallowance of capital gains under S.54F for utilizing borrowed funds in Capital Gains Account Scheme.

Analysis:

Issue 1: Disallowance of capital gains under S.54F
The assessees claimed exemption under S.54F for capital gains realized during the year by depositing the net consideration in the Capital Gains Account Scheme. The assessing officer disallowed the claim as the deposits included borrowed funds. The CIT(A) upheld the disallowance. The assessees contended that the law allows capital gains to be utilized for other purposes within the specified time, and investments qualifying for exemption under S.54F can be made from other sources. They relied on various Tribunal decisions to support their argument. The assessing officer denied the benefit of S.54F due to part of the deposit being sourced from borrowed funds and part of the gains diverted for other purposes.

Analysis: The Tribunal held that compliance with the condition of investment within the specified time is crucial for claiming relief under S.54F. Citing the decision of the Hyderabad Bench in a similar case, the Tribunal emphasized that money's source does not affect eligibility for S.54F relief. It further referred to decisions from Delhi and Mumbai Benches supporting this view. The Tribunal disagreed with the CIT(A)'s reliance on a Kerala High Court decision, distinguishing it as the failure to invest within the specified period. Consequently, the Tribunal allowed the assessees' appeals, directing the assessing officer to delete the disallowance and granting relief under S.54F for the entire amount deposited in the Capital Gains Account Scheme, regardless of the source of funds.

Conclusion: The Tribunal ruled in favor of the assessees, allowing their appeals and granting relief under S.54F for the capital gains deposited in the Capital Gains Account Scheme, irrespective of the funds' source.