Anyone please clarify this paragraph meaning to me

Tax queries 131 views 1 replies

Can anyone tell me simple meaning of an clause (b) of an Section 54F ?

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".

(2) Where the assessee purchases, within the period of two years after the date of the transfer of the original asset, or constructs, within the period of three years after such date, any residential house, the income from which is chargeable under the head "Income from house property", other than the new asset, the amount of capital gain arising from the transfer of the original asset not charged under section 45 on the basis of the cost of such new asset as provided in clause (a), or, as the case may be, clause (b), of sub-section (1), shall be deemed to be income chargeable under the head "Capital gains" relating to long-term capital assets of the previous year in which such residential house is purchased or constructed.

Replies (1)

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:

  • You sell a plot of land for ₹50 lakhs (long-term asset).

  • You already own 2 houses:

    • House 1: You live in it

    • House 2: You rent it out (taxable under "Income from House Property")

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!


CCI Pro

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