Capital gain

if an assessee does not deposit unutilised capital gain amount into capital gain scheme account before due date and wants to deposit after due date can he claim exemption under income tax act

Replies (10)

hE WILL NOT GET EXEMPTION IF HE DEPOSIT AFTER THE DUE DATE...

agreed with Mr Satish... he will not enjoy exemption if he deposit after due date...

Agree With Above.. He can not get benefit after depositing CG amount..!

he will not enjoyed exemption if he deosits the amount after the due date of filling the return

agree wit all above...

Fully agree with above comments......

Originally posted by : Bhargav Nathwani

Agree With Above.. He can not get benefit after depositing CG amount..!

FULLY AGRRED

FROM MY POINT OF VIEW HE WILL GET THE EXEMPTION AS PER CASE LAW Nipun Mehrotra v. ACIT,(2008) 110 ITD 520

SUGGEST ME AFTER CONSIDERING THE CASE LAW

Yes as per the case law  Nipun Mehrotra v. ACIT, the assessee can claim exemption though the basis on which judgement is made is not very clear and also till now no further clarification or amendment has come in the ACT. 

You can read the attach link which explains the full section and is very clear

.https://finance.groups.yahoo.com/group/ICAI_CIRC_MEERUT_CA/message/47162

 

Dear Sir,

In case the amount is not deposited within the due date under section 139(1), the exemption can not be claimed by merely depositing the amount in the capital gain scheme account. However if it is utilised later within time limit, exemption can be claimed. 

Kindly consider the case law of CIT v Rajesh Kumar Jalan (2006) Gauhati High Court on which the decision quoted by you is based.

In case any further discussion is required, kindly write to me on ganatraneil @ gmail.com or call me on 09909281384. I'll be happy to reply.

Thanks. 

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