ACIT, New Delhi vs. Yashodhar Kumar Jain, New Delhi
In the result, both the Appeals filed by the Assessee as well as
ITA 1697/DEL/2012[2008-09]Status: DisposedITAT Delhi03 Jun 2016AY 2008-09
Bench: Shri H.S. Sidhu & Shri O.P. Kantassessment Year: 2008-09
For Appellant: NoneFor Respondent: Shri Amit Jain, Sr. DR
Section 143(1)Section 40Section 54
…re and two years after the date of transfer, or been constructed within the period of three years after the date of transfer. The Assessing Officer has relied on the judgement of the Gujarat High Court in the case of Smt. Shantaben P. Gandhi vs. CIT [1981] 129 ITR 218, wherein it was held that the exemption under section 54 is not available where the new construction is made before the transfer of the existing house, The appellant on the other hand, has relied on the judgement of the Allahabad High Court in the case of CIT vs. H.K. Kapoor [1998] 150 CTR 128, wherein it was held that exemption on capita' gain…