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Capital gains u/s 54f

Tax queries 784 views 5 replies

my client had sold 2 seperate land  one in sep 2011  and dec 2011

they had entered into an agreement with the  the buyer to buy residential flat the purchase deed  dated june 2010 for which they had received the pocession only in march 2012  they used the  entire capital gains  in sale of land towards the new house . will they get exemption u/s 54f. they do not own any other property

please clarify with help of  any case laws. which date will be appropriate date of deed or date of pocession

Replies (5)

Exemption can be claimed if the new property if purchased within 1 year prior to the sale and within 2 years after the sale. If investing in a residential property, the assessee must not have more than one residential property to avail exemption u/s 54F. 

Agreed with Mihir,, If you are "Purchasing" , then House you purchased "One year before" or Two years after are eligible for exemption under section 54F.

Refer point (C) section analysis Of section 54F on https://www.exploreincometax.com/Indian-Income-tax-Act-1961/Section-54F

 

 

in contn  with above 

1 what will be the case when res house is const

2 the ass off is of the view that  the date of purchase  of new flat shoud be taken ,( date given in the initial purcahaase deed) if that case ltcg exemt  u/s 54f wouls be disallowed

if completion date is taken it will be before2/3 year from the date of transfer of land

Within 3 years, the construction should be complete. But in few cases, the AO has allowed exemption where the construction is not complete but it is nearly habitable and the LTCG has already been utilised in the construction.

weather a new residential house (new Asset ) purchased to avail exemption of the long term capital gain u/s 54F can be let out within 3 years of its purchase. OR

a) can be let out?

b) can be it sold within 3 years of its purchase without losing the benefit of exemption is availed?

 

Please rply as soon as possible ....


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