banner_ad

Capital gains tax and exemption u/s 54

Tax queries 251 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.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
16 May 2026
Account & Audit Asst

RAHUL KHANDEBHARAD & ASSOCIATES

Nashik

B.Com

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
ARTICLESHIP 23 May 2026
Article Assistants

Acupro Consulting

Gurgaon

CA Inter

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
29 May 2026
Company Secretary - Part time

Shaswat initial support private limited

Ahmedabad

CS

View Details
Company
ARTICLESHIP 14 May 2026
CA ARTICLE

PRAVEEN GARG & CO

Faridabad

CA Foundation

View Details