The Appellate Tribunal considered a case involving a claim for ...

Claim for deduction u/s 54 allowed as possession date considered purchase date.

Case Laws     Income Tax

June 13, 2024

The Appellate Tribunal considered a case involving a claim for deduction u/s 54 for LTCG. The claim was initially denied as the new asset was not purchased or constructed within the specified time frames u/s 54. The assessee argued that although the asset was booked earlier, possession was received within the prescribed period. Citing a Bombay High Court case, it was held that the date of possession should be considered the date of actual purchase for claiming exemption u/s 54F. Referring to a similar case, it was reiterated that possession date is crucial. The Tribunal ruled in favor of the assessee, allowing the exemption as possession was obtained within the required timeframe from the agreement to sell the original asset.

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