Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Section 54 relief is available where capital gains are fully utilised for purchase of a new property before filing the return under section 139, even if the return is belated and no amount remains to be deposited in the Capital Gains Account Scheme. The text distinguishes cases where only unutilised amounts had to be deposited by the due date from cases where the entire consideration was already applied towards the new asset. It also records that the claim should be allowed subject to verification that the payments were made before filing the return, with the matter sent back for limited verification and consequential allowance if the utilisation is confirmed.
Section 54 relief is available where capital gains are fully utilised for purchase of a new property before filing the return under section 139, even if the return is belated and no amount remains to be deposited in the Capital Gains Account Scheme. The text distinguishes cases where only unutilised amounts had to be deposited by the due date from cases where the entire consideration was already applied towards the new asset. It also records that the claim should be allowed subject to verification that the payments were made before filing the return, with the matter sent back for limited verification and consequential allowance if the utilisation is confirmed.
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