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

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)
Quick Summary
This discussion explores whether an individual can claim benefits under Section 54F of the Income Tax Act for Long Term Capital Gains (LTCG) made from selling shares. The individual purchased a residential flat after incurring LTCG from selling listed shares on which Securities Transaction Tax (STT) was paid. The consensus is that Section 54F is applicable, allowing the individual to offset their LTCG against the cost of the new residential property, considering the aggregate sale consideration.

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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