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The investment in the REC Bond was made by assessee on 30.08.2011. The sale deed was entered into by the assessee on 15.2.2011. The six calendar months from the date of sale deed would complete on 31.08.2011. The assessee made investment under section 54EC of the Act on 30.08.2011 which is within the completion of six months. Therefore, we note that there is no violation of the provisions of section 54 EC of the Act, as the assessing officer has rightly allowed the benefit of section 54EC of the Act to the assessee. Hence, order passed by assessing officer is not erroneous. Therefore, we quash the order under section 263 of the Act, passed by ld PCIT.

Shanti Prime Publication Pvt. Ltd.

Section 54EC & 263 of the Income Tax Act, 1961—Capital gain— Assessee had deposited the capital gain amount arising from sale of two properties in Rural Electrification Corporation Ltd, Bond as per the scheme of the Government which was made within the period of six months, therefore, there is no violation of the provisions of section 54EC as the assessing officer has rightly allowed the benefit of section 54EC of the Act to the assessee, hence, order passed by assessing officer is not erroneous. Therefore, the order passed under section 263 of the Act, passed PCIT was quashed — KARTICK CHANDRA MONDAL Vs. PR. CIT  [2020] 181 ITD 89 (ITAT-KOLKATA)

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