Assessee has sold residential premises. Can he invest the proceeds by purchasing residential premises in name of his wife and claim exemption?
Replies (5)
Quick Summary
This discussion explores whether proceeds from selling residential property can be invested in a spouse's name to claim Capital Gains Tax exemption under Sections 54/54F. While the bare Act uses 'assessee', case law suggests it might be possible if the source of funds is clearly linked to the assessee and the spouse lacks independent means. However, ITAT rulings are jurisdiction-specific, so consulting an expert for advice relevant to your location is highly recommended.
As per the bare Act, the word 'assessee' is used. Hence claiming exemption by using the proceeds in the name of wife is not suitable. However there are caselaws wherein the source being in the name of the assessee and the wife not having any income to purchase the new property...if the link is established can be useful in claiming exemption. It is advisable to consult an expert in person to get legal clarity on the same as caselaws may differ based on jurisdiction and facts.
Yes...It is specific to Delhi. It will be better to have either Supreme Court decision or High court Decision of your jurisdiction or ITAT decision of your jurisdiction.