Co-owner

Tax planning 980 views 12 replies

Dear friends...

A sells a plot of land and wants to invests the proceeds in a Res. house.....A also owns a Res. House with C (co-owner) and owns another house as a co-owner with B......Can exemption u/s 54F be claimed or will it be allowed????

Sec 54F says that the assessee should not more than one Res. house......

Replies (12)

Dear balaji,

Since A holds two house properties Sec 54F is not available..

Co ownership or Wholy owned is not relevant.

Thanks for your reply Mr. Amir..

My doubt is A owns two Res. House as a co-owner which combines together to form as One Res.house .

Here (According to me), the exemption u/s 54f shall be allowed.....

No balaji, as A holds two different houses buddy...
Dear Balaji, Sec 54F nowhere specifies that house should be wholly owned.. Co ownership is as good ownership as wholly owned for Income Tax purposes... Ok Suppose if A Tranfer his share in one House property, then would u not claculate his Capital Gain or would u wait for A to transfer his share in the other property also...

Exemption will not be allowed. As on the date of transfer A is said to own two residential houses other than new house.

Exemption will not be allowed. co-owner is deemed to be a owner. partial ownership dows not affect the provision. hence no exemption

Dear friends please see this case

Income Tax Officer vs. Sasiklal N. Satra [2006] 280 ITR (A.T.) 0243 (Mum) / (2006)-98-ITD-335(Mum)

Please see the attachment and the decision

Shitt man... that was a complete eye-opener for me..... I mean, it was undoubtedly correct and also sounded viable.... Hey, thanx a ton for posting it BALAJI....

You are always welcome Mr.Dhiraj.......

hey thnx a lot....dis was certainly an eye opener....a good tax planning can also be done if i m not wrong!!!!
Dear Balaji, As others said it was complete eye opener.. But I still have a doubt that what will happen if both owners interest is definate..In that case also this judjement holds good??


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