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G.C.GUPTA, D.KARUNAKARA RAO
Mukesh G. Desai (HUF) – Appellant
Versus
Income-tax Officer – Respondent


Advocates Appeared:
Vishwas V. Mehendale,Md. Usman

ORDER
D. Karunakara Rao, Accountant Member. - This is an appeal filed by the assessee against the order of CIT(A)-XXI dated 30-9-2004 on the ground that the CIT(A) erred in denying the assessee’s claim for exemption under section 54F in respect of long-term capital gains on sale of shares of Rs. 27,01,204, which was invested in the residential property under construction. Further, the assessee raised the ground that the CIT(A) erred in holding that the ‘agreement of purchase’ cannot be equated with the ‘purchase of the property’ and thereby holding that that the assessee did not satisfy the specific conditions for claiming exemption under section 54F of the Income-tax Act, 1961.

2. Briefly stated, the facts of the case are that the assessee is an HUF and sold the shares of M/s. Prasidhi Exports Ltd. on different dates and earned capital gains. The details of dates of the sale of shares and the amount of sale considerations are as follows :—

Sale Date
Amount in Rs.
13-5-1995
6,49,025
25-5-1995
5,00,000
3-6-1995
5,99,000
15-7-1995
4,99,250
25-9-1995
6,98,950
13-1-1996
74,850
Total Sale Consideration
30,21,075

The long-term

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