Capital Gains Tax-Sec 54

Tax queries 1768 views 11 replies

Dear All,

 

I own a flat in noida from my own resources and through bank loan and i live here. During last FY (2010-11), in the month of Aug- Sept'10  i sold a flat in Patna (i was not living here and also it was not let out)  and had long term capital gains (after indexation) of about Rs. 5 lakhs (which amount i received in Dec'10-Jan'11).  I invested the enitre sale proceeds (including the entire capital gains) of the sold  flat and booked another flat in Lucknow (through Lucknow Dev. Authority) during the last financial year  (FY 2010-11) itself  in the month of March'11 (and paid the entire cost of flat as downpaymet from the sale proceeds). While filing return for this year , is it necessary for me use ITR2 and show the LTCG calculation and re-investment amount in the newly booked flat ? Further, as i already own another flat in Noida (where i live)  do i have to pay capital gains tax( irrespective of my investment in the flat which i booked in Lucknow)?

(I do not have much knowledge about finance/ i-tax etc.. so please help).

Thanks for your help.

Mohan

Replies (11)

More quantitative details are required for correct opinion.

Sir

As per Sec 54 of ITA

LTCG from the sale of residential property is exempt to the extent it is utilised in acquiring another residential property.

In your case since u have utilised the LTGC in acquiring residential property SEC 54 is applicable

& hence LTCG of Rs.5,00,000 is exempt.

 Also it is necessary to show the working in the ITR  2.

Originally posted by : Hardik

Sir

As per Sec 54 of ITA

LTCG from the sale of residential property is exempt to the extent it is utilised in acquiring another residential property.

In your case since u have utilised the LTGC in acquiring residential property SEC 54 is applicable

& hence LTCG of 5,00,000 is exempt.

 Also it is necessary to show the working in the ITR  2.

Agree with above

i sold my agriculture land for rs 34 lacs. i have not shown agriculture income in my I T return in previous year. the land was purchased by my father in my name about 30 years back in joint name of my brother & my mother. mother was expired. the cost was around Rs 1000/-

whether i have to pay LTCG tax on this land ?

whether i purchase another residential property say flat in my name to save the LTCG tax?

pl advise me

narendra

Originally posted by : Narendra Kumar Vanigota

i sold my agriculture land for34 lacs. i have not shown agriculture income in my I T return in previous year. the land was purchased by my father in my name about 30 years back in joint name of my brother & my mother. mother was expired. the cost was around1000/-

whether i have to pay LTCG tax on this land ?

whether i purchase another residential property say flat in my name to save the LTCG tax?

pl advise me

narendra

sir,

 

u can avail an exemption u/s 54B in case the land was used fr agricultural purpose before 2 years from date of tranfer by u or ur parents...u have to buy a new agricultural land to avail the exemption..

 

or u can opt fr 54F by buying a new residential house property....

 

regards!!

Originally posted by : Sunshine...




Originally posted by : Narendra Kumar Vanigota






i sold my agriculture land for34 lacs. i have not shown agriculture income in my I T return in previous year. the land was purchased by my father in my name about 30 years back in joint name of my brother & my mother. mother was expired. the cost was around1000/-

whether i have to pay LTCG tax on this land ?

whether i purchase another residential property say flat in my name to save the LTCG tax?

pl advise me

narendra






sir,

 

u can avail an exemption u/s 54B in case the land was used fr agricultural purpose before 2 years from date of tranfer by u or ur parents...u have to buy a new agricultural land to avail the exemption..

 

or u can opt fr 54F by buying a new residential house property....

 

regards!!


Sir

If the mentioned agricultural land was located in rural area in that case it is not an Capital Asset U/s 2(14) and therefore sec 54B/54F are not applicable.

Secondly ,in case sec 54F/54B whole of the SALES PROCEED is to be invested to claim 100% deduction from LTCG or else exemption is to be proportionately reduced.

Also certain conditions provided in the said sections are to be fulfilled before claiming exemption.

Regards

Hardik

 

Agree with Mr. Hardik

iF it's in rural area den der is no capital gain....

If it's in urban area then u wil have to pay LTCG . HOWEVER U CAN CLAIM EXEMPTION U/S 54B IF YOU buy  any  other agricultural land.

u can also claim proportionate exemption u/s 54F  if u buy ny residential house.

I also agree with hardik's opinion............................

I would like to thank all for their help on my query.

Mohan

YA... AGREE WITH HARDIK


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