Capital gain on commercial property and investment in residential property

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SUBHASH MISHRA (Querist)

31 October 2026 Query Regarding Capital Gain Exemption on Sale of Commercial Property and Investment in Construction on Spouse's Property
Facts :-
1. There is a commercial property held in the name of an Individual Assessee. The land / property was owned by the individual in his personal capacity. Construction on the said commercial property was carried out and funded by a Partnership Firm, in which the said individual is a Partner. During F.Y. 2025-26, the said commercial property along with construction has been sold for a consideration of Rs. 2.90 Crores. After the sale of the said commercial property, the assessee has constructed a residential house on another residential plot which is held in the name of his spouse. Almost the entire sale consideration has been contributed / invested by the assessee towards the said residential house construction.
Question for Opinion:
A. Whether the cost of construction incurred by the Partnership Firm on the commercial property owned by the individual assessee can be claimed as Cost of Improvement / Cost of Acquisition while computing Capital Gain
B. Whether the assessee can claim exemption from Capital Gains on sale of commercial property by investing the sale proceeds in construction of a residential house on a property owned by his spouse?
C. What will be the overall Capital Gain tax implications in this case and what is the best possible way to claim exemption / minimize tax liability under any on the provisions and case laws i.e. supreme court judgement , High Court judgement etc.
Kindly opine.

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