Manager - Finance & Accounts
58504 Points
Joined June 2010
Sure, this is a classic example of how legal tax language can be confusing — let's break it down in simple terms, especially Clause (b) of Section 54F of the Income Tax Act, 1961.
🎯 First, What is Section 54F?
Section 54F gives capital gains tax exemption when an individual/HUF sells a long-term capital asset (other than a house) and uses the sale proceeds to buy or construct a residential house within a prescribed time.
Basically:
You sell something like land or gold, and you avoid capital gains tax if you buy a new house with that money.
🧩 Now, What is Clause (b) Saying?
Let’s simplify this sentence:
"Provided that nothing contained in this sub-section shall apply where—
(b) the income from such residential house, other than the one residential house owned on the date of transfer of the original asset, is chargeable under the head ‘Income from house property’."
🧠 Simple Meaning:
You lose the tax exemption under Section 54F if:
-
On the date of selling your original asset, you already own more than one residential house, AND
-
The income from those houses is taxable under “Income from House Property”.
So:
| You Own |
54F Allowed? |
| Only 1 house on the date of selling old asset |
✅ Yes |
| Own 2 or more houses, and earn rent from them (taxed under house property) |
❌ No (Clause (b) applies) |
🔁 Example to Understand Clause (b)
Imagine:
Then you buy another house within 2 years to claim 54F exemption.
👉 You will NOT get exemption, because of Clause (b). Why?
You already owned more than one house on the sale date, and the second one generated rental income.
🔄 Second Paragraph Meaning
The second paragraph says:
If after claiming the 54F exemption, you go and buy another residential house (besides the one allowed), within 2 years (or construct within 3 years), then...
👉 The capital gain you originally claimed exemption for will become taxable in the year you buy that extra house.
Example:
-
You sell gold and claim 54F by buying House A.
-
One year later, you buy House B.
👉 The capital gain you had saved under Section 54F will now be taxed in the year you bought House B.
✅ Final Summary
| Rule |
Meaning |
| Clause (b) of Proviso to 54F |
You can't claim 54F if, on the date of selling your asset, you own more than one house that gives taxable income. |
| Second part (sub-section 2) |
Even after claiming 54F, if you buy another house within 2 years, your earlier capital gain becomes taxable again. |
Let me know if you want a visual flowchart or example sheet for this — happy to help!