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2020 (4) TMI 221 - AT - Income TaxCorrect working of the capital gain for which exemption claimed u/s 54F - AR submitted that for the addition made there had been no specific notice and the assessee did not get proper opportunity to explain the working of the long term capital gain - CIT- A enhancing addition - HELD THAT:- AO admitted the claim of the assessee for exemption u/s 54F(1)(b) in respect of investment on long term capital gain but instead of taking actual sale consideration received, has adopted the figure of sale consideration by invoking Section 50C. This is not in accordance with the provision of Section 50C which has created a deeming fiction. Section 54F is an exemption provision and it has given its applicability in itself, therefore, Section 50C will not come under picture. Long Term Capital Gain exemption is admissible u/s 54F(1)(b) wherein total taxable gain comes to ₹ 2,68,830/- only as the investment made by the assessee adopting the figure of the actual sale consideration received in consequence with Section 54F of the Income Tax Act. CIT(A) while enhancing the addition has ignored the very effect of the provisions of Section 54F. Besides this, the CIT(A) while enhancement has not given any reasons as to why the enhancement is necessary and why the assessee is not justified in adopting the figure of the actual sale consideration received. Thus the Assessing Officer as well as CIT(A) failed to justify the stand by making addition of ₹ 30,17,456/- in respect of long term capital gain without granting exemption u/s 54F of the Income Tax Act. It is pertinent to note that we have already taken a view in case of assessee’s wife Smt. Anita Miglani [2019 (12) TMI 1100 - ITAT DELHI] wherein the same order of the CIT(A) was under challenge that the enhancement was not right. The facts of the present case that of assessee’s case is identical, therefore, the appeal of the assessee is allowed.
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