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Income Tax - Highlights / Catch Notes

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The appellant did not acquire a new residential property within ...


Appellant Entitled to Section 54 Deduction as Correct Interpretation Considers Payment and Possession Date of New Property.

July 27, 2024

Case Laws     Income Tax     AT

The appellant did not acquire a new residential property within the specified time period, failing the mandatory condition for deduction u/s 54. The CIT(A)-NFAC incorrectly invoked the "one year before the transfer" limb, concluding that the assessee is ineligible for deduction. However, the relevant date for computing the limitation u/s 54 in all three eventualities is the payment of consideration and possession of the new property. Judicial precedents support this interpretation. The assessee is entitled to the deduction u/s 54.

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