Capital gain

Tax planning 440 views 1 replies

IF AN ASSESSEE SOLD AGRICULTURE LAND FOR 1 CRORE WHERE CAPITAL GAIN IS 60 LAKH

FOR 54B EXEMPTION HE MADE AN AGREEMENT ON 100 RUPEES STAMP TO BUY ANOTHER AGRICULTURE LAND FOR RS. 1.40 CRORE AND PAID AN ADVANCE OF RUPEES 40 LAKH BUT AFTER 4 NOTICES RECEIVED FOR NON PAYMENT OF BALANCE AMOUNT 40 LAKH IS FORFEITED

CAN HE CLAIM EXEMPTION OF 40 LAKH U/S 54B

OR IS THERE ANY OTHER WAY TO SAVE CAPITAL GAIN

Replies (1)

1) Amount Forfeited by the seller (i.e, Rs 40 lakhs) is a dead loss for you and you are not eligible to claim deduction u/s 54B for such amount.

2) Your are still liable to pay tax on capital gain of Rs60 lakhs.

Planning:

1)deposit Rs60 lakhs in Capital Gain deposit account before the due date of filing ITR u/s 139(1) or

2) purchase another land

if you are going to purchase another agriculture land than purchase such land in a rural area because  capital gain is exempted on rural agriculture land


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