SEC 54 AND 54 F

RAJU (ACCOUNTANT) (58 Points)

12 May 2024  

Dear Sir , Kindly help us with the following queries regarding sec 54  and 54  F on capital gains 

1  I have  an LTCG from   Equity Investments in 2018 -2019  FY  for 30 lakhs (  Net consideration was 70 lakhs and LTCG 30L)

2   I  don't have any house during this period . And I purchased a flat for around 85 lakhs in 2019 Dec ,  which was under construction . The flat was  occupied in 2021 and Registration was made in 2022 Jan .. I have claimed an exemption  under Sec 54 F in my return for AY 2019 -20. 

3 . Now I am planning to buy another flat  ( in 2024)  .  Can I get another exemption under Sec 54 F for this new flat , if I am investing  my LTCG  from shares , in 2024 (  I am planning to sell my shares in 2024) .  Since the Original capital asset was sold in 2019 , i don't think I am violating the 1 year or 3 year statutory period for buying a new flat  under sec 54 F . Is my view correct ? . Meantime I am keeping the flat  regd in 2022  for 3 years . 

4.  If I am taking a housing loan for both the above flats , can I get   deduction for the same irrespective of the fact that 54 f has been allowed earlier 

 

5 If I sell the first flat after 3 years ( say in 2025) and invested in the new flat (  the same  flat which I am planning to purchase in 2024)

can i get exemption   under sec 54 . Any restrictions that the same flat   will not be considered for the exemption 2 times  ?

Because here I am using the new flat to claim exemptions under sec 54 F in Ay 2025 -2026    and   sec 54  in 2026 -2027 Ay . Is this possible ?

 

Expecting your expert advice