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2019 (5) TMI 1068 - HC - Income TaxDeduction under Section 54 /54F - investment was made in a residential house outside India - Assessee is a non-resident settled in the United States of America - HELD THAT:- The legislative intent has been made explicit by inserting the amendment to require to purchase/construction of the residential property in India only with effect from 1st April 2015. As rightly held in LEENA JUGALKISHOR SHAH VERSUS ASSTT. COMMISSIONER OF INCOME TAX. [2016 (12) TMI 351 - GUJARAT HIGH COURT] “prior to amendment to Section 54F of the Act, the only condition stipulated was investment in a residential house. When the Section 54F of the Income-tax Act was clear and unambiguous, there is no scope for importing into the statue the words which are not there. Such important would be not to construe but to amend the statute. If there is any defect in the Act, it can be remedied only by the legislation and not by judicial interpretation”. Assessee further points out that the above decision of the Gujarat High Court has been accepted by the Department, as is noted by the Authority for Advance Ruling in Dipankar Mohan Gupta, In re AAR [2018 (1) TMI 947 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI] Thus Court finds that the ITAT has committed no legal error in allowing the appeal of the Assessee.
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