2018 (5) TMI 1877 - AT - Income Tax

Tribunal grants exemption under Section 54, investing in US property, penalty dropped

The Tribunal allowed the appeal, overturning the Commissioner of Income Tax (Appeals)'s decision and granting the assessee exemption under Section 54 of ... Exemption u/s 54 denied - investment in house property purchased abroad - DR submitted that the main intention to give exemption u/s. 54 and 54F is to give a boost to the domestic housing sector Buying immovable property abroad would not serve any purpose or benefit to the domestic economy - scope of amendment - HELD THAT:- Undoubtedly, prior to amendment made by the Finance Act, 2014 w.e.f. 01.04.2015, the language of section 54 of the Act require the assessee to invest the capital gains in a residential property. It is only subsequent to the amendment, which has come into effect from 01.04.2015 that such investment is required to be made in a residential property in India. The assessment year before us is prior to 01.04.2015. Therefore, the amendment would not be application. Similar situation, though in the context of section 54F of the Act, has been considered in the case of Leena Jugal Kishore Shah [2016 (12) TMI 351 - GUJARAT HIGH COURT] wherein, the identical issue has been decided in favour of the assessee There was no condition in section 54F of the Income-tax Act at the relevant time that the capital gain arising out of transfer of capital asset should be invested in a residential house situated in India. In the present case the assessee has purchased the residential house abroad out of the sale proceeds of the plot in India and thus she has fulfilled the conditions of section 54F of the Income-tax Act application to the assessee's case. - Decided in favour of assessee. Issues Involved:1. Denial of exemption claimed under Section 54 of the Income Tax Act, 1961.2. Interpretation of the provisions of Section 54 of the Act.3. Applicability of amendments to Section 54 made by the Finance Act, 2014.4. Reliance on the decision of the Apex Court in the case of M/s American Hotel and Lodging Association Educational Institute vs CBDT.5. Penalty proceedings initiated under Section 271(1)(c) of the Act.Detailed Analysis:1. Denial of Exemption Claimed Under Section 54:The primary issue revolves around the denial of exemption under Section 54 of the Income Tax Act, 1961. The assessee, a non-resident, sold an inherited house in New Delhi and invested the capital gains in a residential property in Boston, USA. The Assessing Officer (AO) denied the exemption, asserting that the investment in a house property abroad does not qualify for exemption under Sections 54 and 54F of the Act. This decision was upheld by the Commissioner of Income Tax (Appeals) [CIT(A)], leading to the present appeal.2. Interpretation of the Provisions of Section 54:The assessee argued that the plain language of Section 54, as applicable for the relevant financial year (2012-13), did not stipulate that the new residential house must be situated in India. The assessee cited the Supreme Court's decision in Anandji Haridas & Co. P. Ltd. v. Engineering Mazdoor Sangh, which emphasized that if the words of a statute are plain and unambiguous, they should be interpreted in their ordinary sense. The assessee also referenced the Karnataka High Court's decision in DIT (International Taxation) v. Mrs. Jennifer Bhide, which supported the view that the statute did not specify the location of the new house.3. Applicability of Amendments to Section 54 by the Finance Act, 2014:The assessee contended that the amendment to Section 54 by the Finance Act, 2014, which required the new residential house to be in India, was prospective and applicable from 01/04/2015. The assessee cited the Supreme Court's decision in Commissioner of Income Tax -III, Pune v. Rajasthan And Gujarati Charitable Foundation Poona, which held that amendments are prospective unless explicitly stated otherwise. The assessee also relied on the Mumbai ITAT's decision in ITO v. Nishant Lalit Jadhav, which held that the amendment to Section 54 was not applicable retrospectively.4. Reliance on the Decision of the Apex Court in M/s American Hotel and Lodging Association Educational Institute vs CBDT:The CIT(A) had relied on the Supreme Court's decision in M/s American Hotel and Lodging Association Educational Institute vs CBDT, which related to exemption under Section 10(23C)(vi) of the Act. The assessee argued that this reliance was misplaced as the case dealt with a different section and issue. The assessee emphasized that numerous decisions directly addressed the retrospective application of Section 54, making the CIT(A)'s reliance on this case irrelevant.5. Penalty Proceedings Under Section 271(1)(c):The assessee also sought the dropping of penalty proceedings initiated under Section 271(1)(c) of the Act, arguing that the denial of exemption was contrary to the law.Tribunal's Decision:The Tribunal, after considering the arguments and relevant case laws, concluded that prior to the amendment by the Finance Act, 2014, the language of Section 54 did not require the investment to be made in a residential property in India. The Tribunal referenced the Gujarat High Court's decision in Leena Jugal Kishore Shah v. ACIT, which held that the absence of a specific provision requiring the investment to be in India meant that the exemption could be claimed for properties purchased abroad. Consequently, the Tribunal allowed the appeal, overturning the CIT(A)'s order and granting the exemption under Section 54 to the assessee.Conclusion:The Tribunal held that the amendment to Section 54 by the Finance Act, 2014, was prospective and not applicable to the assessment year in question (2013-14). The assessee was entitled to the exemption under Section 54 for the investment made in a residential property in Boston, USA. The appeal was allowed, and the penalty proceedings under Section 271(1)(c) were dropped.