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Direct tax

Tax queries 356 views 2 replies

The Assessee has sold (1) 0ne flat which was self occupied (2) land . Now he has started the construction of a single residential house using the sale proceeds from (1) & (2). Here he wants to claim both (1) & (2) u/s : 54 & 54F respectively. 
My query is 
Whether the assessee can claim both the above (1) & (2) ie Sec 54 & 54F towards the construction of the single residential house.

Would appreciate if you could give a valuable feedback

Thanks in advance

Tejashwini Ram

Replies (2)

Sale proceeds from Flat can be used in acquiring residential property and thus he can avail exemption U/s 54.

Sale proceeds from Land (which is not Residential property) can be used in resindential property and thus he can claim u/s 54F too.

There is no expressed/ implied provision making 54 and 54Fmutually exclusive. The only condition is The exemption u/s 54F shall be available only when the assessee does not own more than 1 Residential House Property on the date of transfer of such asset exclusive of the one he has bought for claiming exemption under section 54F.


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