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of <h1>Tribunal allows exemption claim under section 54 despite construction delay</h1> <h3>Sri Prasad Nimmagadda Versus Deputy Commissioner of Income-tax, (International Taxation) -II, Hyderabad</h3> Sri Prasad Nimmagadda Versus Deputy Commissioner of Income-tax, (International Taxation) -II, Hyderabad - [2013] 27 ITR (Trib) 63 (ITAT [Hyd]) Issues:- Denial of assessee's claim of exemption u/s 54 of the Act.Analysis:The appeal before the Appellate Tribunal ITAT Hyderabad concerned the denial of the assessee's claim of exemption under section 54 of the Income Tax Act. The assessee had sold residential flats and claimed exemption for investing in land for constructing a house. However, the construction could not be completed within the stipulated 3-year period. The Assessing Officer disallowed the exemption, a decision upheld by the CIT(A). The assessee argued that the capital gain should only be taxed after the 3-year period, citing various legal precedents to support the claim.The Tribunal considered the provisions of sections 54 and 54F of the Act, noting that if the capital gain is not utilized for construction within 3 years, it would be taxed as income in the year the period expires. Relying on the decision in the case of M. Janardhan Reddy, the Tribunal held that the assessee's claim for exemption could not be denied as the land was purchased for constructing a house, even though the construction was delayed due to the developer's failure to deliver possession. The Tribunal distinguished the decisions cited by the Departmental Representative, emphasizing that the facts of those cases were different. Consequently, the Tribunal directed the Assessing Officer to allow the exemption claimed by the assessee under section 54 for the relevant assessment year, subject to verifying if the capital gain was offered for taxation in the subsequent year as claimed by the assessee.In conclusion, the Tribunal allowed the appeal of the assessee, highlighting the importance of fulfilling conditions for exemption under section 54 of the Act and the tax implications if the construction is not completed within the specified period. The decision underscored the significance of legal interpretations and precedents in determining the applicability of exemptions and taxation in such cases.
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