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2014 (4) TMI 211 - KERALA HIGH COURTDeduction u/s 54F - Validity of Tribunal’s action - Tribunal remanded the matter back to the AO - Due date is u/s 139(1) and not u/s 139(4) - Held that:- It is possible that facts of the other appeal considered by the Appellate Tribunal along with appeal of the revenue may be different - the scheme for depositing capital gain is contemplated u/s 54F(4) and it depends upon when the property of the assessee is sold and when exactly the amounts were invested, whether it was invested in a residential house or otherwise - All the facts have to be considered with reference to provisions of Section 54F(4) along with Section 139 (1) of the Act, as the due time would be under Section 139(1) only not under Section 139(4) of the Act - Tribunal has accorded one more opportunity to the appellant assessee to place on record relevant facts for consideration and if his case were to be different from the facts of the other case and makes a vast difference altogether - it is always open to him to place such facts before the AO for consideration – Decided against Assessee.
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