Amount not invested out of capital gain a/c

My client has invested the capital gain in capital gain account scheme , 1988 to claim exemption in f.y 2013-14. In F.y 2015-16 , purchased a residential property from his own funds i.e capital gain account was not used for the purchase of the new residential property in f.y 2015-16 . Can he claim the investment in f.y 2015-16 out the capital gain a/c . Plz advice .

 

Logically yes, the purpose of the section is to provide benefit to the assessee and hence the provisions should be interpreted liberally and purposively.
Even if AO denies the exemption I would recommend you to go in appeal. There are very high chances of favourable judgement.