Capital Gain Reinvestment

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An individual sold a residential property and reinvested the proceeds into a new one, making a part payment that exceeded the sale consideration. However, the possession and registration of the new property are scheduled for 2028, more than three years after the sale. The query concerns eligibility for capital gains tax exemption based on the payment made versus the requirement for registration or possession within three years. The advice suggests that completion of construction or possession within three years might be necessary, and an appeal may be required if the Income Tax Department doesn't grant the exemption.

Rahul

Rahul (Querist)

31 July 2023 Assessee Sale Residential property in 2022-23 and invested the amount in New Residential property and part payment made (which is morethen total sales consideration)

But the possession or registration to be made in 2028 (after three years)

Is he elgible to take exemption on payment base or registration is compulsory within three years. ?

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

31 July 2023 As such completion of construction or possession is required within three years. You may have to go for appeal if the ITD do not consider the exemption.

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

11 September 2024 Good Luck.

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