2024 (7) TMI 437 - AT - Income Tax

LTCG - Deduction u/s 54EC - investments made in REC bonds - bonds purchases prior to the sale of property which resulted in LTCG - CIT(A) held that the investment in long term asset eligible for deduction u/s 54EC is not restricted to Rs 50 Lacs - scope of amendment in Proviso I of the Section 54EC to be prospective or retrospective in nature - HELD THAT - CIT(A) considered notes and clauses of Finance Act 2014 and Memorandum explaining provision of (Bill no.2) of the Finance Act thereby Parliament has to remove the ambiguity in the proviso to section 54EC(1) of the Act by insertion of second proviso with effect from 01.04.2015 onwards which is applicable prospectively. It is undisputed fact that the investments made by the assessee in REC Bonds on 31.03.2010 08.04.2010 and 21.07.2010 for Rs. 50, 00, 000/- each which are much before the insertion of 2nd proviso to section 54EC(1) of the Act with effect from 01.04.2015. Further the above amendment was considered in the case of Aspi Ginwala and Shree Ram Engg. Mfg 2012 (4) TMI 195 - ITAT AHMEDABAD the above decisions are also extracted in his order passed by Ld.CIT(A) at parahraph 4.3. Thus we do not find any infirmity in the order passed by the Ld.CIT(A) therefore the ground raised by the Revenue is devoid of merits and liable to be dismissed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

Whether the investment in long-term specified assets eligible for deduction under Section 54EC of the Income Tax Act is restricted to Rs. 50 lakhs per financial year or Rs. 1 crore across two financial years.
The applicability of amendments to Section 54EC, specifically whether the amendment introduced by the Finance Act, 2014, which restricts the total deduction to Rs. 50 lakhs irrespective of financial years, applies retrospectively or prospectively from April 1, 2015.
Whether the deduction under Section 54EC can be claimed for investments made prior to the actual sale of the property that resulted in long-term capital gains.
Consideration of the delay in filing the appeal by the assessee and whether such delay should be condoned.

2. ISSUE-WISE DETAILED ANALYSIS

Restriction of Deduction under Section 54EC:

Relevant Legal Framework and Precedents: Section 54EC of the Income Tax Act allows for the exemption of capital gains if invested in specified bonds within six months of the transfer of the original asset. The first proviso to Section 54EC(1) originally allowed investment up to Rs. 50 lakhs per financial year. The Finance Act, 2014, introduced a second proviso effective from April 1, 2015, limiting the total deduction to Rs. 50 lakhs irrespective of financial years.
Court's Interpretation and Reasoning: The Tribunal upheld the CIT(A)'s interpretation that prior to the amendment's effective date, the law allowed for an exemption of up to Rs. 1 crore if the investment was spread across two financial years. The language of the proviso was deemed clear and unambiguous, supporting the appellant's claim for exemption up to Rs. 1 crore.
Key Evidence and Findings: The Tribunal found that the assessee made investments in REC bonds of Rs. 1.5 crores before the amendment's effective date, thus qualifying for the exemption under the law as it stood at that time.
Application of Law to Facts: The Tribunal agreed with the CIT(A) that the investments made by the assessee in different financial years before the amendment were eligible for a deduction of up to Rs. 1 crore.
Treatment of Competing Arguments: The Revenue's argument that the amendment should apply retrospectively was rejected, as the amendment was explicitly stated to be effective from April 1, 2015, and applicable to assessment year 2015-16 onwards.
Conclusions: The Tribunal concluded that the assessee was entitled to a deduction of Rs. 1 crore under the provisions applicable before the amendment.

Timing of Investment Relative to Sale:

Relevant Legal Framework and Precedents: Section 54EC requires investments to be made within six months after the transfer of the original asset.
Court's Interpretation and Reasoning: The Tribunal noted that the assessee received advances before the date of investment, which was sufficient to cover the investment amount, thus aligning with the provision's intent.
Key Evidence and Findings: The Tribunal found that the assessee received advances totaling Rs. 70 lakhs before making the investment, supporting the claim for deduction.
Application of Law to Facts: The Tribunal applied the law to conclude that the investment was validly made within the context of the advances received, thus eligible for deduction.
Treatment of Competing Arguments: The Tribunal dismissed the Revenue's argument that investments made prior to the sale date were ineligible, emphasizing the receipt of advances.
Conclusions: The Tribunal held that the investments were valid and eligible for deduction under Section 54EC.

Condonation of Delay in Filing Appeal:

Relevant Legal Framework and Precedents: The Tribunal has the discretion to condone delays in filing appeals if sufficient cause is shown.
Court's Interpretation and Reasoning: The Tribunal reviewed the affidavit provided by the assessee and considered the sequence of events leading to the delay.
Key Evidence and Findings: The Tribunal noted the lack of clear reasons for the delay but recognized the procedural history involving the Revenue's appeal and subsequent High Court proceedings.
Application of Law to Facts: The Tribunal applied its discretion to condone the delay, given the circumstances and procedural history.
Treatment of Competing Arguments: The Tribunal did not identify any competing arguments against condonation in the available records.
Conclusions: The delay in filing the appeal was condoned, allowing the assessee's appeal to be heard on merits.

3. SIGNIFICANT HOLDINGS

Core Principles Established:

The amendment to Section 54EC introduced by the Finance Act, 2014, is prospective and applies from April 1, 2015, onwards, not affecting prior assessment years.
Investments made in specified bonds within the statutory period, even if spanning two financial years, can qualify for a deduction of up to Rs. 1 crore under the pre-amendment regime.
Advances received before the sale date can substantiate the timing of investments for the purposes of Section 54EC deductions.
The Tribunal has the discretion to condone delays in filing appeals when justified by procedural history and sufficient cause.

Final Determinations on Each Issue:

The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision to allow a deduction of Rs. 1 crore under Section 54EC.
The Tribunal allowed the assessee's appeal, directing the AO to grant a deduction of Rs. 1.5 crores, acknowledging the pre-amendment legal framework.
The delay in filing the assessee's appeal was condoned, enabling the consideration of the merits of the case.

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