Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Section 54 relief was available where the assessee invested capital gains in an under-construction residential flat within the prescribed period. The ITAT held that booking a flat with a builder, supported by allotment letters and proof of payment, amounts to investment in construction of a residential house. Completion of construction, registration, or handing over of possession within the statutory period was not indispensable on these facts, especially where the delay was attributable to the developer and the assessee had made substantial payment within time. The Revenue's challenge failed, and the deduction under section 54 was upheld.
Section 54 relief was available where the assessee invested capital gains in an under-construction residential flat within the prescribed period. The ITAT held that booking a flat with a builder, supported by allotment letters and proof of payment, amounts to investment in construction of a residential house. Completion of construction, registration, or handing over of possession within the statutory period was not indispensable on these facts, especially where the delay was attributable to the developer and the assessee had made substantial payment within time. The Revenue's challenge failed, and the deduction under section 54 was upheld.
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