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Tax Exemption On Long Term Capital Gain

Others 961 views 4 replies

As explained in Income tax Rules on our National Website, i could see that:

Long term Capital Gain can be expemted from Tax, if it is utilized in PURCHASING the RESIDENTIAL LAND or house,

1. Purchased one year prior to the transfer date of property sold, OR

2. Purchased within two years of the transfer date of property sold, OR

3. Constructed within three years of the transfer date of the property sold.

Now my query is that, i have already paid

A. Some amount for a new property before 4months transfer date of property sold, AND

B. Will pay the remaining amount(as applicable for complete down payment), after 2months from the date of transfer of property sold, AND

C. Ensuring that complete amount arose as Capital Gains, is being utilized for fulfilling A & B.

But the concern is that physical possession of this property would take more than 5years from the date of the transfer of the property, but complete amount towards registry stamp papers will be used for Agreement to Lease and will be done within 2months from the date of the transfer of the property sold & New property is Goverment Authority Alloted Plot.

Thanks & Regards

Ankit

9958521199

Replies (4)

Dear Sir,

More details are required to confirm whether it will qualify for exemption or not.

If construction/posession takes more than 3 years still it can be covered provide it is the scheme of DDA or a one similar to that. In this case actual payment is not the criteria.

Flats allotted under SFS schemes of DDA - For the purpose of capital gains tax the cost of the new asset is the tentative cost of construction and the fact that the amount was allowed to be paid in instalments does not affect the legal position. Therefore, cases of allotment of flats under the Self-Financing Scheme of the D.D.A. shall be treated as cases of construction for the purpose of capital gains—Circular : No. 471 [F. No. 207/27/85-IT(A-II)], dated 15-10-1986.

Construction, connotation of - Allotment of flats/houses by co-operative societies and other institutions, whose schemes of allotment and construction, are similar to those of DDA (see Circular No. 471), should be treated as cases of construction—Circular : No. 672, dated 16-12-1993.

Hello Amir,

Thanks for your reply.

It is the residential plots scheme from Yamuna Expressway Industrial Development Authority, Greater Noida, gautam Buddha Nagar, UP.

Also, the complete amount to be paid as Stamp Duty for Registry of the Property Lease, is to be paid right now for Agreement To Lease Deed, wherein, the amount already paid towards the property, will be mentioned.

Regards

Ankit

Hello,

I have referred to Taxmann's Direct Taxes Ready reckoner by Dr. Vinod K. Singhania, at Para71.1-1, wrt CIT v. R.L.Sood[2000] 108.

I guess, i am allowed to do so under Section 54.

Can anybody confirm the same.

Thanks & Regards

Ankit

dear sir

i purchased a DDA flat in 22.12.98 for RS 325000 . it paid by 10 annual instaltment. i paid only 221000 till day. if we want to registered in his own name then dda demand 550000 (princple + interest amout) .then it registered in own name . but dda only registered the amonut of RS. 524000 only not interest .  i want to sell it anoter person , and i want to registerd in 875000 to another person. kya mughy LTCG main exemption milage, agar main dda ko 550000 bal jama karwa du .or dda ise mery nam register kar de, uske bad main isy 875000 main sale kar du to, kya dedution milage.

plz reply

ajay .jain91 @ gmail.com
 


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