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    <title>2024 (4) TMI 1419 - ITAT MUMBAI</title>
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    <description>Investment in a flat booked while under construction may qualify as construction of a residential house for capital-gains exemption. Where the flat did not exist when booked and was acquired through a construction-linked arrangement, it is treated as construction rather than purchase. The relevant condition is completion of construction within three years after transfer of the original residential asset; beginning construction or making payments before that transfer does not disqualify the taxpayer. As construction was completed within the prescribed period, the investment qualified for the claimed capital-gains relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=470284</link>
      <description>Investment in a flat booked while under construction may qualify as construction of a residential house for capital-gains exemption. Where the flat did not exist when booked and was acquired through a construction-linked arrangement, it is treated as construction rather than purchase. The relevant condition is completion of construction within three years after transfer of the original residential asset; beginning construction or making payments before that transfer does not disqualify the taxpayer. As construction was completed within the prescribed period, the investment qualified for the claimed capital-gains relief.</description>
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