Sec. 54 under income tax act,1961

This query is : Resolved

Hitendra K. Agrawal (Querist)
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04 July 2012 Q.
Mr. X Purchase a Plot of Land on 01/04/2010.Started Construction from very first day i.e. 01/04/2010.As there are only two person family i.e He and his wife Mrs. x they need only 1BHK and the construction gets comleted on 30/09/2010. Now to make a payment they have sold their old residential house on 10/10/2010. Now, Whether they can get the benefit of sec. 54 on the capital gain arising on sale of residential house?

Now What if rather than buying land and starting construction on it, if they go for purchase of readymade residential house on 30/09/2010?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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05 July 2012 1. Under Section 54 the exemption is available if the construction is comleted AFTER transfer of the residential house property.

In this case, since the construction gets completed BEFORE the transfer, exemption is NOT available.

2. Exemption is available if a residential house is purchased ONE YEAR BEFORE the date of transfer.

So exemption will be available if the assessee purchases the house on 30.09.2010

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