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2013 (9) TMI 80 - AT - Income TaxDeduction u/s 54F - Exemption from capital gain - Purchase of residential house outside India - Held that:- assessee is entitled to the benefit - It does not exclude the right of the assessee to claim the property purchased in a foreign country, if all other conditions laid down in the section are satisfied, merely because the property acquired is in a foreign country - since all conditions laid down in this section are satisfied for availing of the said exemption, exemption to be allowed - Following decision of Mrs. Prema P. Shah. Versus Income-tax Officer, Ward 2 (4). [2005 (11) TMI 182 - ITAT BOMBAY-J] and Income tax Officer(Intl. Taxation)-2(1) Versus Dr. Girish M. Shah [2010 (2) TMI 960 - ITAT MUMBAI] - Decided in favour of assessee. The jurisdictional High Court in the case of Director of Income-tax (International Taxation) v. Mrs. Jennifer Bhide [2011 (9) TMI 161 - KARNATAKA HIGH COURT] has held that introducing a word which is not there into a section amounts to legislating when Parliament has not used these words in the said section. In view of this decision, we are precluded from reading the words "in India" into section 54F of the Act, when Parliament in its legislative wisdom has deliberately not used the word "in India" in section 54F of the Act.
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