Adjustment of capital gain in constructing new house

646 views 2 replies

I own a residential property (property A). I bought another property (Property B) - land with old house built. I have demolished old house on this property B and started building a new house  thereon. Now I have decided to sale property A.

Property A was purchased for Rs. 9 lacs in Oct 1994

Property B was purchased for Rs. 35 lacs in Oct 2010

Expected cost of construction on property B is Rs. 30 lacs (started from Oct 2011 and to be completed by Dec 2012)

Therefore, total cost of new residential property is 65 lacs.

Property A will be sold for Rs. 75 lacs in February 2012.

Long term capital gain arising from sale of property A (after considering cost inflation index) : Rs. 48 lacs

Will this long term capital gain be completely adjusted against my cost of contructing a new residential property (that is purchase of land and construction thereon) ?

Thanking in advance for your learned opinion,

shreekant

 

 

 

 

 

Replies (2)

The purchase or construction has to start either before 1 year or within 2 years (time frame of 3 yrs)from the date of sale of property. And based on details provided by you, Your sale would happen on Feb'12 and construction work has started within this time frame of 3 years. In my opinion you would be able to claim the exemption.

The condition for starting the construction applies from the date of Sale of House A.

Expenditure incurred after that date would be eligible for exemption.

In case the construction has started before the transfer of House A, the construction cost and cost of land would not qualify for exemption. A plain reading of Section 54 suggests so.

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details