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Income Tax

Section 54 not mandates completion of construction with 3 years

Case Law Details

Case Name
Seema Sabharwal Vs. ITO (ITAT Chandigarh)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
Advertisement Seema Sabharwal Vs. ITO (ITAT Chandigarh) Admittedly, the capital gain had arisen to the assessee on 17.9.2012 and the amount was paid by the assessee to the builder for purchase of a new house on 9.9.2014 i.e. within 2 years of the date of transaction of sale of the house property. The Assessing officer denied the claim because as per the agreement with the builder, the house was to be completed within 4 years, whereas, as per the provisions of section 54 of the Act, the house should have been constructed within 3 years from the date of receipt of the capital gains. Though th...
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