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Bombay High Court Capital Gain Tax, No Retrospective Applicability Of Amendment Restricting Investment In India
The Daily Guardian
|September 25, 2023
The Bombay High Court in the case Hemant Dinkar Kandlur Versus Commissioner of Income Tax observed and has held that the amendment restricting investment in house property in India has retrospective applicability.
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The bench comprising of Justice K. R. Shriram and Justice N. K. Gokhale in the case observed and has stated that the language a stated under Section 54(F) of the Act before its amendment was that the assessee should invest capital gain in a residential house. It did not mention any kind of boundaries and it being only after the amendment to Section 54(F) of the Act, which amendment came into effect on 01.04.2015, that the condition that the assessee should invest the sale proceeds which is arising out of a sale of a capital asset in a residential property situated in India' within the stipulated p
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