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 In ground No. 1, the assessee has challenged the action of the Assessing Officer of disallowing claim of the assessee under section 54F of the Act. In ground No. 2, the assessee is aggrieved with not considering the sum paid for purchase of the new asset before the due date of the filing of return of income despite allowability of which was accepted by the Assessing Officer in the remand proceeding.

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Section 54F of the Income Tax Act, 1961 — Capital gains — Exemption — In case of long term Capital gain arising from sale of property, deduction under section 54F would be available to assessee in respect of payment towards purchase of new residential house upto due date of filing of return of income prescribed under section 139(4) and not under section 139(1) — Smt. Vatsala Asthana vs. Income tax Officer [2019] 179 ITD 297 (Delhi—trib)

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