Capital gain - exemption u/s 54 ec... pls clarify..!!!

Tax queries 1322 views 5 replies

Hi friends... Pls guide me in the following instance...!!!

 

In the FY 2007-08 (Oct 12, 2007), an individual has received a total sum of Rs.115 lacs for two properties from govt. for compulsory acquisition of land. (Rs.57.5lacs and Rs.58.5 lacs).

In that year he has applied for rural rectification bond for Rs.100 lacs (2 bonds of Rs.50lacs each).

But they have been allotted only one bond (Rs.50 lacs).

The balance Rs.50 lacs has been deposited in SBI Fixed deposit. For the remaining Rs.15lacs he paid capital gains tax and filed the return (but not on due date).

The next Rs.50lacs bond was issued to him during the next financial year (02.06.2008). But in the month of March (26.03.2008)  we have given a request to the income tax dept. saying that the bank is not allotting bonds more than Rs.50 lacs for which we got a reply on 04.04.2008 stating that you can go for bond.

The above said bond has been purchased by cancelling the Fixed deposit.

Now the Income tax officials are demanding for capital gains tax for remaining Rs.50 lacs in the FY 2007-08 (note :they have allowed the same as exemption in FY 2008-09 as per our claim through IT return for the year)

 

Thanks for your time...:):)

Replies (5)

But in the month of March (26.03.2008)  we have given a request to the income tax dept. saying that the bank is not allotting bonds more than Rs. 50 lacs for which we got a reply on 04.04.2008 stating that you can go for bond.

 

What was the letter you received from IT dept saying that you can go for bond? What does that say?

It just states that the bank can issue bonds for us as per our request for claiming exemption...

Any long-term capital gain arising on transfer of capital assets shall be exempt if the whole of the amount of such capital gain is invested in long term specified assets (bonds issued by REC, NHEC, within a period of 6 months from the date of transfer.

 

Date of transfer : 27th October 2007.

6 (180 days) months from 27th October 2007 is 24th April 2008. (investment after this date not allowed)

Second 50L bond was issued on 2nd June 2008.

 

I think let the experts here answer the meaning of the letter dated 4th April 2008 you received from IT stating that the bank can can issue bond for us as per our request for claiming exemption.

 

 

Hi all,

The following are the letters,

1. The letter we gave to the department:

/editor_upload/565016054letter by us to the dept..pdf....

 

2.The reply we got from there,

/editor_upload/565016054reply from income tax department.pdf

 

We gave the above letter with cheque, for issue of bonds to the bank on 10.04.2008.

But the bank has issued the bonds on 30.06.2008.

So are we eligible for exemption????

 

If the above links are not working, pls check the following links...

 

/editor_upload/565028790letter by us to the dept..pdf

 

/editor_upload/565028790reply from income tax department.pdf


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