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    <title>2019 (2) TMI 2150 - ITAT AHMEDABAD</title>
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    <description>Section 54 exemption cannot be denied solely because the unutilised sale consideration was not deposited in the capital gains account scheme before the section 139(1) due date, where the assessee actually invested the capital gains in a new residential house within the prescribed period. The provision was treated as substantive, meant to encourage acquisition of residential property, while the deposit requirement under section 54(2) was viewed as a procedural safeguard. On the facts, purchase of the new house within one year and proof of investment during assessment entitled the assessee to the exemption, and the disallowance was unsustainable.</description>
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    <pubDate>Fri, 22 Feb 2019 00:00:00 +0530</pubDate>
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      <title>2019 (2) TMI 2150 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=468679</link>
      <description>Section 54 exemption cannot be denied solely because the unutilised sale consideration was not deposited in the capital gains account scheme before the section 139(1) due date, where the assessee actually invested the capital gains in a new residential house within the prescribed period. The provision was treated as substantive, meant to encourage acquisition of residential property, while the deposit requirement under section 54(2) was viewed as a procedural safeguard. On the facts, purchase of the new house within one year and proof of investment during assessment entitled the assessee to the exemption, and the disallowance was unsustainable.</description>
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      <pubDate>Fri, 22 Feb 2019 00:00:00 +0530</pubDate>
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