What happens when taxpayer forget to open capital gain account under Capital Gain Account scheme,1988. Can he claim exemption in such case? Is it compulsory to open CGAS?
19 February 2014
This scheme is meant for parking the amount required to be invested in the residential house for the time being until you acquire the property. . If you can not purchase the house within the stipulated time, then only the need of opening a capital gains account arises. .
20 February 2014
Dear Bafna sir, I want to clear my case here:
My uncle sold N.A land of Rs.6 crores as on 27 june,2011.He had neither paid capital gain tax nor filed income tax return u/s139 within due date. He also failed to re- invest money in residential property.and not deposited money in capital Gain account scheme. Now IT department have sent notice u/s 133(6) requiring to produce the information. The only way to claim exemption U/s 54F is that he must purchase plot of land and construct a house within 4 months( i.e. 3 years from the date of transfer of property) LAST DATE 27/06/2014.
So as per law the taxpayer shall made deposit before furnishing the return of income or due date of furnishing the return of income u/s139(1) i.e. 31 july,2012 whichever is earlier.
23 February 2014
In my view, your uncle can still file the return U/s 139 for the AY 2012-13. . Though the time limit of depositing the amount has gone away with the due date of filing of return .i.e. 31.07.2012. . The only option remains with him to sustain his exemption claim remains -is construction of house property. . If he purchases a plot right now and invest the consideration for the purpose of construction of house, he still can save himself from the capital gains tax. .
CAclubindia
