Exemption under Section 54


This query is : Open 

Quick Summary
This discussion explores whether an assessee can claim an exemption under Section 54 of the Income Tax Act by deducting the cost of a previously purchased property (Flat-B) from the sale value of a newly sold property (Flat-A). The consensus is that this is not permissible if Flat-B was purchased more than one year before the sale of Flat-A, as the conditions for Section 54 exemption are not met.

(Querist)
12 October 2020 Assessee sold a residential Flat-A on 09-10-2020. He had already purchased Flat-B on 11-12-2018. Can cost of Flat-B be deducted from the sale value of Flat-A for the purpose of exemption under Section 54 of Income Tax Act? Kindly help.

Sagar Patel (Expert)
13 October 2020 Yes, If Flat-A is long term Capital Assets than you can take benifit of Section 54 of the income tax Act, 1961[As Purchase before 1 year]...Cost of Flat-B will be deducted from long term capital Gain on sale of Flat-B

13 October 2020 Clearly NO, because Flat B is purchased MORE THAN ONE YEAR from the date of sale of Flat A.

Sagar Patel (Expert)
13 October 2020 Agree, Can't take benefit, as Gap is more than 1 Year.

Rajesh (Querist)
17 October 2020 What is the best alternative available to reduce capital gains tax?


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