22 October 2013
My client has disposed a land in March,2013 for a sale consideration of Rs.7 lakhs and the Long Term capital gains arising out of this transaction amounts to Rs.5 lakhs.He did not own any house property in his name. In Aril,2013,he entered into an agreement with a proposed vendor of a house building and paid an agreed price of Rs.6 lakhs.He took possession of the said property and is being enjoyed. The said house building was registered only in the first week of October,2013,say,after the due date of filing his Return of Income.(July,2013) Can the assessee claim an exemption of long term capital gains u/s 54E of the Act for the asst.year 2013-2014?. Can he take the advantage of 'TRANSFER" within the meaning of Section 2(47)(V) read with Explanation 2 of the Act and claim exemption? since there is a delay in registration.Please clarify.