capital gains

i am an engineer. i have a problem. request help.
a. sold a house in 2008 for Rs.99lakhs, which was bought in 2003 for Rs.28lakhs
b. invested in new under construction flat in sept 2009 for Rs.63lakhs.
c. kept the sale proceeds in FD in HDFC bank. paid taxes on FD. still balance funds in FD. not utilised anywhere.
d. possession expected in dec 2011. delay from builder.
e. all payments done from FD.
f. payments done FY 2008-09 - Rs.12.5L, 2009-10 -Rs.23L, 2010-11 -Rs.12L.
g. filed return in july 2009. paid until return Rs.25L.
h. on hindsight now i realise the folly in not depositing in CAGS.
i. ATO allowing only until july 2009 of filing return & Rs.25L. rest added to income & LTCG.
j. is there any relief . would you advice to pay up or go on appeal.
k. if on appeal what is the basis. is there any judgement to support.
m. can i plead it as technical default under sect 119.

confused. kindly help.




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