23 Points
Posted on 26 January 2016
Respecte Sir,
I have some questions in sec 54F of income tax act,1961 kindly guide in the following case:
1. There were two capital assets not being residential house property being N.A.Land.
2. There is purchase of one residential house.
1st capital asset has been sold in April 2015 for Rs.8 cr and in june 2015 there was purchase of one residential house property consist of 3 co-owners one of them is seller of above mentioned capital assets.
Sources for the purchase of residential house was as follows:
1.Income from profession
2.Accumulated savings f.d. Etc.
3.unsecured loan of Rs.5 cr
4.Cash gift from spouse for paying stamp duty.
5.proceeds from the sale of first capital asset.
Total contribution of individual seller was Rs.25 cr.
Now in Oct. 2015 another capital asset not being residential house property has been sold for Rs.7 cr. Out of this sale proceeds part of the unsecured loan of Rs.3cr has been repaid in Dec 15 and remaining fund of Rs.2 cr has been reinvested in FDRs and 2cr is idle in bank account.
As whole of the consideration received from sale of first capital asset has been invested in the house property that will get the benefit of Sec.54F of the Income Tax act,1961.
Now my question is
1.whether exemption can be claimed for second capital asset sold in oct 15 as the total amount invested in house property is more than the net consideration received from sale of both the capital asset?
If yes kindly give me the reference of decided case law in such cases if any
2.whether proceeds from sale of second capital asset is free for investment in bank FDs or for personal drawings?
Thanks and Regards,
Yogesh Tapdiya
09403385108