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Query regarding sec 54

ramdayal (Student CA Final ) (28 Points)

03 September 2014

I have a Self Occupied Property. Now I purchase another house and Sell it after a year.

Am I Eligible for Claiming Capital Gain Exemption on this Second House u/s 54?

What is the Implication of the New Ammendment Which States that Sec 54 Benefit is applicable to "A Residential property"? This means that Another then 1 self Occupied property the person does not get sec 54 benefit on other properties when he sells it?

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2 Replies

Tax Care India (https://www.taxcareindia.com) (39 Points)
Replied 06 September 2014

Yes it is available and you can avail exemption.

For specific personal query, contact info @ taxcareindia.com

Thanks,

Tax Care India

Originally posted by : ramdayal
	I have a Self Occupied Property. Now I purchase another house and Sell it after a year. Am I Eligible for Claiming Capital Gain Exemption on this Second House u/s 54? What is the Implication of the New Ammendment Which States that Sec 54 Benefit is applicable to "A Residential property"? This means that Another then 1 self Occupied property the person does not get sec 54 benefit on other properties when he sells it?

CA Rajat Goyal (Practice ) (57 Points)
Replied 07 September 2014

The exemption is avaialble only for Long term Capital Gain on house property. But you mentioned here that you sold house in the next year itself. so it is Short Term Capital Gain. and Exemption will not be available for you.

Howewer, you mentioned about amendment in sec 54 "a residential house" in this regards, the following is explanation:

The old 54 section was:

54. [(1)][Subject to the provisions of sub-section (2), where, in the case of an assessee being an individual or a Hindu undivided family], the capital gain arises from the transfer of a long-term capital asset, being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head "Income from house property" (hereafter in this section referred to as the original asset), and the assessee has within a period of one year before or two years after the date on which the transfer took place purchased, or has within a period of three years after that date constructed, a residential house", then, instead of the capital gain being charged to income-tax as income of the previous year in which the transfer took place, it shall be dealt with in accordance with the following provisions of this section, that is to say,—

In the Finance Act 2014:

in place of the words “constructed, a residential
house”, the words “constructed, one residential house in India” substituted.

Hence, no change in basis exemption, but now in Finance Act, 2014 the exemption has been made limited to purchase of one residential house in India only. Before you could purhcase a house in india or outside india but now you can purchase house in india only.Nothing else has been changed.

Source : cacsrajat.blogspot.com