Tax exemption on property sale - section 54
Sharad (Associate) (35 Points)
25 April 2015Sharad (Associate) (35 Points)
25 April 2015
CA HAYEDAR SHAIKH
(Practice )
(627 Points)
Replied 25 April 2015
Dear Sharad,
Go through the following for better understanding.
The Bombay High Court in the case of CIT vs. Dr. Laxmichand Narpal Nagda [1995] 78 Taxman 219 (Bom.) held that taking into consideration the letter as well as spirit of section 54, the word 'purchase' is not used in the sense of legal transfer. Further, the High Court held that in this case the assesse had paid the full consideration, obtained the possession of the flat and it was actually put to use and, hence, exemption under section 54 was clearly available, though no registered purchase deed was executed.
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