PANKAJ MATHUR,NOIDA vs. DCIT, CIRCLE-2, NOIDA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found the assessee's reasons for the delay acceptable, noting that the legislative intention of Section 54EC was not frustrated. It held that the delay was due to genuine and unavoidable circumstances. The Tribunal therefore directed the authorities to grant the assessee the benefits of the investment made in REC Bonds under section 54EC of the Income Tax Act, 1961.
What were the facts?
The assessee invested Rs. 13,50,000/- in REC Bonds on 16.07.2013 to claim deduction under section 54EC, but this investment was made 19 days after the prescribed date. Consequently, the CIT(A) disallowed the deduction from Long Term Capital Gains. The assessee attributed the delay to a severe family trauma following his father's death on 29.01.2013, which necessitated frequent travel and caused significant emotional distress.
What were the issues?
Whether the delay in making an investment in specified bonds under Section 54EC of the Income Tax Act can be condoned by tax authorities given a valid and justifiable reason.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
ORDER Per Dr. B. R. R. Kumar:- The present appeal has been filed by the assessee against the orders of ld. NFAC/CIT(A), New Delhi dated 05.06.2023.
The assessee has raised the following grounds:
1. The Learned Assessing Officer DCIT, Circle-2, Noida and Learned CIT(A), NFAC, Delhi has erred and framed the order which is bad in Law and on facts of the case by not considering the genuine submissions of the assessee, stating the following reasons. i. There is no provision in the income tax act which empowers the AO or the CIT(A) to condone the delay of investment in specified assets for availing the benefits of deduction u/s 54EC. ii. The case laws cited by the appellant do not directly relate to the issue of condoning the delay in investing in specified bonds u/s 54EC.
3. The assessee purchased residential house and also invested in REC Bonds of Rs. 13,50,000/- on 16.07.2013, which is 19 days after the prescribed date. The ld. CIT(A) disallowed
Pankaj Mathur the deduction from LTCG holding that the investment in REC Bonds was delayed by 19 days post prescribed period. The assessee submitted that, the father of the assessee was in ICU for a month and ultimately breathed lost on 29.01.2013 which laid to the trauma in the family and assessee had to move from Delhi to Chandigarh to Lucknow and to Bangalore. The reasons given by the assessee are acceptable and since the legislative intention is not counteracted, it is hereby directed that the assessee be given the benefits of investment made in REC Bonds u/s. 54EC of the Income Tax Act 1961.
In the result, the appeal of the assessee is allowed.
Order Pronounced in the Open Court on 09/02/2024.
More judgments on Section 54EC
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
- Shailendra Kumar Sogani, Bhopal vs Deputy Commissioner of Income Tax 4(1)…ITA 1076/IND/2025[2012-13]Status: Disposed12 Oct 2026AY 2012-13
- Kashmira Rajnikant Doshi, Mumbai vs Income Tax Officer Ward 42(1)(3), MumbaiITA 728/MUM/2026[2018-19]Status: Disposed29 Sept 2026AY 2018-19
- DCIT 19 1 Mumbai, Mumbai vs Nisha Jhaveri, MumbaiITA 2389/MUM/2026[2013-14]Status: Disposed28 Sept 2026AY 2013-14
- Rajendra Chandanmal Pagaria, L/H of Late… vs The Income Tax Officer, Ward- 3(1)…ITA 1221/PUN/2026[2011-12]Status: Disposed25 Sept 2026AY 2011-12
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