54f constructed house

This query is : Resolved 

17 August 2015 2 crore cap.gain was invested in buying land of rs.2 crore, conscruction of house is barely rs.10 lacs.

its like a farm house.

can we claim full 2 crore u/s. 54f?

regards, ca kunjan, 9222922292, www.CAnaresah.com


17 August 2015 Invites litigation for such type of tax planning.

17 August 2015 House includes Farm House. Subject to other conditions of 54F, you can claim the deduction

17 August 2015 Amol Ji

The question, as I understood, is whether a small building (a farm house like) surrounded by large extent of vacant land appurtenant qualifies for deduction u/s 54F.

The Madras High court in the case of CIT Vs. M. Kalpagam reported in (1997) 227 ITR 733 has put in certain test criteria to judge such issues. That is why I said it is a vexed question.






18 August 2015 You are absolutely right B Chackrapani Warrier. The principles laid down for "residential house" vis a vis "dwelling unit" MUST be followed while determining if farm house is residential house.



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