CAPITAL GAIN SEC 54 IT

This query is : Resolved

Niraj Kumar (Querist)
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30 January 2026 Respected Sir,
I would like to know that I have entered into a Joint Venture Agreement with a Partnership Firm, in which I have given my Land for construction of Residential Flat which I was purchased in the year 2007. The Partnership Firm started the construction work of the Flats in the year 2020 and after completion of the Flat in the year 2024, The Partnership Firm allotted me 5 numbers of Flat in my name. I would like to know is Capital Gain will be imposed on my allotted Flat or shall I will get the benefits of Sec 54.

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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31 January 2026 Capital gain arises on completion (2024) under Section 45(5A)

Gain is Long-Term Capital Gain

Section 54 exemption is available

Full exemption for 5 flats depends on whether they qualify as one residential house

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