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2015 (4) TMI 758 - AT - Income TaxRevision of assessment order - Denial of exemption under Section 54EC - Prospective amendment in Section 54EC w.e.f. 01-4-2015 - Held that - Section 54EC has been amended by the Finance Act, 2014 w.e.f. 01-4-2015 to provide that the Investment made by an assessee in the long-term specified asset, from capital gains arising from transfer of one or more original assets, during the financial year in which the original asset or assets are transferred and in the subsequent financial year does not exceed fifty lakh rupees. Also explanatory memorandum to Finance Bill, 2014 explains that the wordings of the proviso have created an ambiguity. As a result the capital gains arising during the year after the month of September were invested in the specified asset in such a manner so as to split the investment in two years i.e., one within the year and second in the next year but before the expiry of six months. This resulted in the claim for relief of one crore rupees as against the intended limit for relief of fifty lakh rupees. It can be seen from the above statutory amendment and the explanatory memorandum to Finance (No.2) Bill, 2014 that the legislature has accepted the ambiguity in the language of the proviso, but has amended the law with prospective effect i.e., from A.Y. 2015-16. It is therefore clear that for AY prior to AY 2015-16, on interpretation of the provisions it is possible for an Assessee claim deduction of ₹ 1 Crore by investing ₹ 50 lacs in each of the financial years, but within 6 months from the date of transfer. In the given circumstances, it cannot be said that the view entertained by the AO was not a possible view. In the circumstances, the jurisdiction u/s.263 of the Act could not have been exercised by the CIT. - Decided in favour of assessee.
Issues Involved:
1. Whether the proviso to section 54EC of the Income Tax Act restricts the exemption to Rs. 50 lakhs or merely restricts the investment that can be made in a single financial year to Rs. 50 lakhs. Issue-wise Detailed Analysis: 1. Restriction of Exemption vs. Restriction of Investment: The core issue in this case was whether the proviso to section 54EC of the Income Tax Act restricts the exemption to Rs. 50 lakhs or merely restricts the investment that can be made in a single financial year to Rs. 50 lakhs. The assessee had invested Rs. 50 lakhs in REC Bonds on 31.03.2009 and another Rs. 50 lakhs on 31.05.2009, both within six months from the date of transfer of the capital asset, and claimed a total deduction of Rs. 1 crore under section 54EC. The Commissioner of Income Tax (CIT) invoked section 263 of the Act, arguing that the maximum allowable deduction under section 54EC should be Rs. 50 lakhs, thus considering the Assessing Officer's (AO) decision to allow Rs. 1 crore as erroneous and prejudicial to the interests of the revenue. The CIT's interpretation was based on the phrase "during any financial year" in the proviso to section 54EC, suggesting that the law intended to limit the exemption to Rs. 50 lakhs in any financial year after 1st April 2007. The assessee contested this interpretation, arguing that the investment within six months from the date of transfer should be considered, and since the investments were made in two different financial years but within the six-month period, the total exemption of Rs. 1 crore should be allowed. 2. Tribunal's Analysis and Decision: The Tribunal examined the provisions of section 54EC(1) and the proviso, which states, "Provided that the investment made on or after the 1st day of April, 2007 in the long-term specified asset by an assessee during any financial year does not exceed fifty lakh rupees." The Tribunal referred to its earlier decision in the case of Shri Vivek Jairazbhoy v. DCIT, where it was held that the benefit of section 54EC should be allowed up to Rs. 1 crore if the investments were made in two different financial years within six months from the date of transfer. The Tribunal also considered the CBDT Circular No.3/2008, which clarified that the government intended to limit the investment in a particular financial year to Rs. 50 lakhs to ensure equitable distribution of bonds among investors, but did not intend to restrict the total exemption to Rs. 50 lakhs. 3. Judicial Precedents and Statutory Interpretation: The Tribunal emphasized the principles laid down by the Hon'ble Supreme Court in interpreting tax statutes, highlighting that provisions for deduction, exemption, or relief should be construed liberally to advance the objective and not to frustrate it. The Tribunal cited several Supreme Court decisions supporting a liberal interpretation of such provisions. 4. Legislative Amendment and Prospective Application: The Tribunal noted that the Finance (No.2) Act, 2014, amended section 54EC with effect from 1.4.2015, explicitly stating that the investment in specified bonds from capital gains arising from transfer during the financial year and the subsequent financial year should not exceed Rs. 50 lakhs. The explanatory memorandum to the Finance Bill acknowledged the ambiguity in the language of the proviso and clarified that the amendment would apply prospectively from A.Y. 2015-16. Conclusion: Given the statutory amendment and the explanatory memorandum, the Tribunal concluded that for assessment years prior to A.Y. 2015-16, it was possible for an assessee to claim a deduction of Rs. 1 crore by investing Rs. 50 lakhs in each of two financial years within six months from the date of transfer. Therefore, the view taken by the AO was a possible view, and the CIT's invocation of section 263 was not justified. The Tribunal quashed the order under section 263 and allowed the appeal by the assessee. Result: The appeal by the assessee was allowed, and the order under section 263 was quashed.
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