54F exemption denied due to delay in flat registration

Facts:

Dates below are imaginary:

  • Sold ancestral property ( land ) in 2012 Jan and received proceeds in the same month.
  • Used full proceeds from the sale to purchase an apartment  in 2012 Jun via an agreement of sale, paying the full amount via bank transfer to seller account and have respective receipts and bank challan numbers.
  • But registration of the purchased flat was done only in Aug 2014, due to delay in construction  on the part of the seller.
  • Clained 54 F long term capital gain exemption for the proceeds received and reinvested in flat purchase.

Issue:

  • Income tax dept denied 54 F exemption on the ground that even though the flat purchase was made within the 54F stipulated 2 years, the registration of the apartment happened after  more than 2 years.
  • Initial appeal has failed and currently the matter is in front of CIT appeals.

Questions:

  • How should we proceed in the matter, what stand do we need to take ? 
  • Any famous case laws which you can point us to , which can clinch the matter in our favour ?

 

 

 

Replies (11)
Quick Summary
This discussion covers a situation where an individual's claim for Section 54F capital gains exemption was denied by the Income Tax Department. Although the individual purchased a flat within the stipulated two-year period using proceeds from selling ancestral land, the flat's registration occurred over two years after the sale. The matter is now with the CIT appeals, and the user is seeking advice and relevant case law to support their appeal, particularly referencing the Kondamma Vs ITO case.

Refer case of : Kondamma Vs ITO (ITAT Bangalore) Appeal Number : ITA No. 455/Bang/2019 judgement date 13.09.2019
Pls note the cash down date .
What is cash down date????
Initial amount to be paid on booking of flat.

Paid the entire amount to the seller of the flat ( apartment builder ) witthin 6 months of  closing the transaction of property sale and receiving proceeds ( capital gains ). Have bank challans and receipts to that effect and they are also on record with income tax dept.

Paid the entire amount to the seller of the flat ( apartment builder ) witthin 6 months of  closing the transaction of property sale and receiving proceeds ( capital gains ). Have bank challans and receipts to that effect and they are also on record with income tax dept.

Sir please read the above case law , it will be of great help to you.

If payment waid in 6 months then definately you are on positive side in the above case.
Seems very practical
How it is practical???

Attached for the benefit of others who need help in a similar situaiton,

Kondamma Vs ITO (ITAT Bangalore) Appeal Number : ITA No. 455/Bang/2019 judgement date 13.09.2019

Karnataka High Court order on the subject matter. Uploading for the benefit of everyone.

The_Commissioner_Of_Income_Tax_vs_Sri_Sambandam_Udaykumar_on_15_February_2012

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