Section 54 of income tax act, 1961


This query is : Resolved 

09 February 2013 capital gain section 54

10 February 2013 EXEMPTION IS NOT AVAILABLE

11 February 2013 pls clarify the building which is sold is flat or a complete building structure ?? and if the same consist flats is any flat is in your possession. ??

18 August 2023 Under Section 54 of the Income Tax Act, any individual or HUF who is selling a residential property can avail of tax exemptions from the capital gains in case the capital gains are invested in the purchasing or construction of a residential property.

The conditions that require to be fulfilled for availing the benefits of this particular section are jotted as follows:

The asset must be classified as a long-term capital asset.
If the asset sold is a residential house, the income from such a house should be chargeable as per the income generated from House Property.
The property seller should have necessarily purchased a residential house either two years after the date of transfer/sale or one year before the date of transfer/sale.
The residential house should necessarily be within India. The seller cannot purchase any residential house out of India and the claim for this exemption.


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