Arun Kumar B M , Bangalore vs. Income Tax Officer Ward-5(3)(5), Bangalore

Quick Summary
This case involves an appeal by Sri Arun Kumar B M concerning a deduction claimed under Section 54EC of the Income Tax Act. The assessee had invested Rs 1 crore in REC bonds to offset capital gains from selling a plot of land. However, the Assessing Officer and the CIT(A) restricted the deduction to Rs 50 lakh, citing investment limits per financial year and amendments to the Act. The Tribunal has recalled its earlier order to reconsider the Section 54EC deduction.

Court :
ITAT Bangalore

Brief :
This appeal was originally disposed of by the ITAT vide its order dated 19.02.2020. However, the assessee filed M.A.No.74/Bang/2020 to recall the Tribunal order, insofar as the issue regarding to deduction u/s 54EC of the I.T.Act. The Tribunal vide its order dated 21.08.2020 in MA No.74/Bang/2020, recalled its earlier order dated 19.02.2020, insofar as the issue concerning deduction under section 54EC of the I.T.Act. Accordingly, this case was heard today, i.e., on 03.11.2020

Citation :
ITA No.667/Bang/2017

IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES “B”, BANGALORE

Before Shri George George K, JM & Shri B.R.Baskaran, AM

ITA No.667/Bang/2017 : Asst.Year 2013-2014

Sri Arun Kumar B M #37, I A Cross,Udayaravi Veerappa Road Hanumanthnagar Bangalore - 560 019.PAN : AHDPA9846L.
(Appellant) 

vs.

The Income Tax Officer Ward 5(3)(5) Bengaluru.
(Respondent)

Appellant by : Sri.L.Bharath C.A.
Respondent by : Sri.Priyadarshi Mishra, JCIT-DR
Date of Hearing : 03.11.2020
Date of Pronouncement : 03.11.2020

O R D E R

Per George George K, JM :

This appeal was originally disposed of by the ITAT vide its order dated 19.02.2020. However, the assessee filed M.A.No.74/Bang/2020 to recall the Tribunal order, insofar as the issue regarding to deduction u/s 54EC of the I.T.Act. The Tribunal vide its order dated 21.08.2020 in MA No.74/Bang/2020, recalled its earlier order dated 19.02.2020, insofar as the issue concerning deduction under section 54EC of the I.T.Act.Accordingly, this case was heard today, i.e., on 03.11.2020.

2. The brief facts of the case are as follow: The assessee is an individual and employee of M/s.Tata Consultancy Services Limited. During the relevant assessment year, the assessee sold a plot on 20.03.2013 for Rs.2,25,00,000 and declared Rs.83,102 as long term capital gains. The assessee had claimed the following claim of deductions:-

(i) deduction u/s 54F of the I.T.Act by depositing Rs.1,22,00,000 in the capital gains account scheme on 31.07.2013 towards purchase of a new residential property.

(ii) deduction u/s 54EC of the I.T.Act by investing Rs.1,00,00,000 in REC Bonds amounting to Rs.50 lakh each on 31.03.2013 and 31.07.2013,respectively, within six months from the date of transfer.

3. The assessment was completed u/s 143(3) of the I.T.Act vide order dated 26.02.2016. In the said assessment order, the claim of deduction u/s 54EC of the I.T.Act was restricted to Rs.50 lakh instead of Rs.1 crore claimed by the assessee. The Assessing Officer held that the assessee is required to invest Rs.50 lakh in REC Bonds in any financial year. The Assessing Officer also relied on the amendments made to section 54EC of the I.T.Act vide Finance Act, 2014 w.e.f. 01.04.2015.

4. Aggrieved by the order of the Assessing Officer, the assessee preferred an appeal to the first appellate authority.The CIT(A) confirmed the view of the Assessing Officer in restricting the claim of deduction u/s 54EC of the I.T.Act to Rs.50 lakh.

To know more in details find the attachment file
 

FAQ :

The main issue was the restriction of the deduction claimed under Section 54EC of the Income Tax Act to Rs 50 lakh, despite the assessee investing Rs 1 crore in REC bonds.

The Assessing Officer restricted the deduction to Rs 50 lakh, stating that the investment limit in REC bonds was Rs 50 lakh per financial year, and also referred to amendments made to Section 54EC by the Finance Act, 2014.

Yes, the CIT(A) confirmed the Assessing Officer's view and restricted the Section 54EC deduction claim to Rs 50 lakh.

The Tribunal recalled its earlier order dated 19.02.2020 to reconsider the issue concerning the deduction under Section 54EC of the I.T.Act.

The plot was sold on 20.03.2013, and the assessee declared Rs 83,102 as long-term capital gains.

 

Guest
Published in Income Tax
Views : 128
downloaded 211 times

Comments




CCI Pro



Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details