12 January 2013
he capital gains arising on sale of residential house property of rs 1679392/-has been invested in purchasing two house in the following manner: 1.flat 797292/- 2.house 882100/- with in the time limit prescribed U/S 54 for claiming exemption
is there any case law that investment made in two house properties is able for taking benefit U/S 54 of capital gain?
12 January 2013
In the judgment of Karnataka High Court in CIT v. D. Ananda Basappa, exemption against purchase of two flats was allowed having regard to the finding that both the flats could be treated to be one house as both had been combined to make one residential unit. The said judgment, thus, proceeds on a different factual situation
In our case assessee purchase two flat and both are situated at different place?
12 January 2013
Yes, claim against a single unit of house is possible. It is difficult in your case due to different locations of the House and the Flat as referred by you.