15 March 2019
Mr. X is one of the Partners in an LLP which has invested in making a residential complex with a few shops. He has sold his own house to invest in this project of the LLP and in return has received an Allotment Letter of a residential flat in the same complex the LLP is going to build. Will he get the LTCG deduction u/s 54 ??? Points to be considered: 1. Mr. X has not directly purchased the flat, he has invested in the LLP which needs the funds to build the complex and in return will get a flat which has been pre-booked in his name. 2. As per Mumbai High Court, date of allotment is considered as date of acquisition of Asset. Requesting you to provide relevant Section/judgement/notification justifying the answer to the same. Thank you.
16 March 2019
But he has received an allotment letter of residential flat in return for the investment made. Will that not count as Purchase of residential property out of proceeds of sale of residential property?
26 March 2019
I would like to rephrase the question. There was no capital investment in the LLP in which Mr. X was a partner but there was simply a purchase of flat from the LLP which is constructing a complex. Mr. X has purchased this flat from the LLP in which he is a partner out of the proceeds of sale of his residential property. The entry passed by the LLP would be as under: bank a/c dr to stock (flat) a/c
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