A little technical query on LTCG

CA.Tarun Maheshwari (CA, DISA) (7150 Points)

21 March 2009  

Dear Friends, I have a little doubt in my mind. When we deposit the Capital gain AMount in Investment scheme u/s 54 for claiming exemption, we need to utilise it for purchase of property. SUppose, in next year I withdraw the LTCG amount from the scheme and utilise it somewhere else. Then in that case, the so withdrawn amount shall become LTCG in my hand in that previous year in which money so withdrawn. Now, if I have some LTC Loss also, then can i get set off benefit between these two, i.e LTCG due to withdrawal of money and not utilising it properly, and the Long term capital loss. I hope I am clear, if anything not understood please let me know. If possible then please support your answer by case laws.