Capital gains tax and exemption u/s 54

274 views 4 replies

My client has sold residential flat on 30/12/1998 for a consideration of Rs.23,46,000. He undertook renovation of the said flat in 2010 and incurred an expense of Rs.23,00,000.  He sold the flat on 01/08/2021 for a consideration of Rs.2,30,00,000. What would be the estimated capital gains on this transaction.

He purchased another residential flat in 2016. This property is still under construction till date. Can he claim exemption u/s 54 for this flat under construction ? 

Replies (4)

Has he sold the property in 1998 or acquired the property?

On capital gains computation, cost of acquisition including cost of improvement is permissible deduction. If the period of holding is more than 2 years, you can claim the benefit of indexation. The gain so arrived at will be treated as long term capital gains and accordingly taxed at 20%. 

In absence of date of purchase of under construction flat, I cannot comment whether exemption under section 54 is available or not

Sorry, date of purchase is 30/12/1998.

Considering that the property is purchased in 1998, the gain will be long term capital gain. Accordingly, benefit of indexation should be available (presuming the seller is a resident). For claiming benefit of exemption under section 54, one need to analyse the reason for the property still being under consideration (esp considering that it is 5 years since the booking of the flat), status of construction, amount paid etc. it could be contentious to claim exemption under section 54 in the current set of facts. One will need to carry out detailed analysis of section 54

The property is still under construction because of delays on the part of the builder...the residents have filed case in RERA and have got the builder to restart the construction.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
13 July 2026
AVP / VP - PCG Advisory

Workforce Connect

Mumbai

MBA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details