Applicability of S. 54F of Income Tax Act - LTCG planning

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1. On 18-Dec-2021 - Mr. Anand bought a residential flat with consideration amount - Rs. 60 lakhs. This is his first flat / residential house.

2. From 1-April-2021 to 15-Dec-2021 - Mr. Anand has sold multiple equity Shares of different companies on different occasions and he incurred Long Term Capital Gains

3. From 1-April-2021 to 15-Dec-2021 - Mr. Anand has made a capital gains of Rs. 17 Lakhs. (total sale consideration is 52 Lakhs)

As per applicable LTCG tax - Rs. 1,70,000/- should be submitted as LTCG Tax.

WHETHER Mr. Anand can take the benefit of section 54F as it talk about purchase of residential house before one year also ?
 

Replies (8)
Pls answer the following first:
1.listed in recognised stock exchange of india
2. securities transaction tax has been paid or not.
3. 10% in excess
4. nature of assesse.

Dear Sabyasachi,

As desired the answers are as follows :-

 1.listed in recognized stock exchange of india - YES (all LTCG is out of sale of shares which care listed in NSE or BSE)

2. securities transaction tax has been paid or not. - YES - STT has been paid (all  of shares which were sold are from NSE or BSE where STT was duly paid)

3. 10% in excess - (unable to understand the question - but nothing like this occurred here)

4. nature of assesse. - INDIVIDUAL
 

YES. Mr. Anand is eligible for deduction u/s. 54F upto 60 lakhs of shares sold.

For sec. 54F the sell proceeds is to be considered and not capital gain.

Dear Dhirajlal,

Thank You for your reply. 

One query - Irrespective of multiple times of sales from 1-4-2021 to 15-Dec-2021, section  54F is applicable.

In such case whole consideration amount will be considered, right ?

Rgds,

Yes.  Aggregate sale consideration...

Tax liability is 10% in excess of Rs. 1 lac

Dear Sabyasachi,

"Tax liability is 10% in excess of Rs. 1 lac " is a general rule. But whether section 54F is applicable considering above circumstances is the question  ?

Yes certainly you can set off your Long term capital gain with the residential house purchased , the entire part of it.


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