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Case Law Details

Case Name : Kishorbhai Harjibhai Patel Vs ITO (Gujarat High Court)
Appeal Number : Tax Appeal No. 1378 of 2018
Date of Judgement/Order : 08/07/2019
Related Assessment Year : 2013-14
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Kishorbhai Harjibhai Patel Vs ITO (Gujarat High Court)

In section 54F date of agreement to sell should be considered as date of transfer for computation of prescribed time limit

Conclusion:

Once an agreement to sell is executed in favour of some person, the  said person gets a right to get the property transferred in his  favour and, consequently, some right of the vendor is extinguished. Therefore, the agreement to sell which had been executed on 13th August 2010 was considered as the date on which the property, i.e. the agricultural land, had been transferred instead of 3rd July 2012 on which the sale-deed came to be executed and assessee was entitled to claim the benefit of section 54F as it had invested in purchase of residential house on 22nd April 2010 which was within the prescribed time limit.

Held:

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