03 February 2013
SIR, CAN CAPITAL GAINS ARISING FROM THE SALE OF IMMOVABLE PROPRTY OTHER THAN RESIDENTIAL PROPERTY IN TWO DIFFERENT CONSECUTIVE F.Y.'S BE INVESTED IN THE PURCHASE OF A SINGLE RESIDENTIAL HOUSE/FLAT IF THE TIMING IS COMPLIES WITH SECTION 54F. WILL THE I.T. DEPT. GIVE EXEMPTION IF THE PURCHASE OF RES. FLAT IS DONE/SH SOLELY IN THE NAME OF SPOUSE.ESP. IF I CAN SHOW THAT I TRANSFERRED MONEY FROM MY BANK A/C TO WIFE'S ACCOUNT AND THE SAME WAS UTILISED FOR PURCHASING THE RES. PROPERTY.
03 February 2013
1. IN THIS CASE YOU SHOULD NOT BE OWNING MORE THAN ONE RESIDENTIAL HOUSE- . 2. BENEFIT AGAINST A SINGLE PROPERTY IS NOT DENIED U/S 54F-AS TIMINGS MENTIONED IN THE SECTION ARE IN YOUR FAVOUR. . 3. NEW PROPERTY CAN BE PURCHASED IN WIFE'S NAME -BUT WILL BE SHOWN IN YOUR BALANCE SHEET. IN A CASE OF SECTION 54, CIT V NATRAJAN (2006) 154 TAXMANN , MADRAS HIGH COURT HAS GIVEN DECISION IN FAVOUR OF THE ASSESSEE.
4. IN MY VIEW , YOU MUST NOT TAKE DOUBLE RISKS OF IN-LAWS- R1.INCOME-TAX LAW R2.IN-LAWS. AND ADD YOUR NAME ALSO. (FORGET THE CONCESSIONS TO LADIES IN STAMP DUTY, IF THERE BE ANY, IN YOUR STATE.) .