Direct tax -capital gains doubt.

Final 485 views 3 replies

I have a doubt in capital gains please help!'

in Exemptions-Section 54D .. i understood everything but didnt get the treatment of enhanced compensation.

In a question, the assessee received d 'original/initial compensation'  (and den he is supposed to purchase land/building within 3 years) so he did purchase an industrial plot after receiving d initial comp. also he  filed to court to increase the compensation. 

purchase of land (rs. 220000) from initial comp,

capital gains came around 160000. so  Capital Gains --> NIL .

okay. (so on 50000 he didnt get exemption since there were no gains only)

But now after all this, next year he received 100000 as enhanced compensation! now this he is supposed to deposit in Capital Gains Scheme Account nd invest within 3 years from d date of receiving this amount,else d amount will be taxed if it ll be unused.

My doubt is that why again he shud invest if he has already invested?

why shudnt d 50000 (earlier puchase amt not exempted) shud set off from this capital gain ???

Replies (3)

41 views 0 reply !! r u kidding me !!!! where r d experts?

I am not sure if you are correct about the enhanced compensation part. Nothing like that is stated in section 54D. Could you quote the relevant section which talks about additional deduction for enhanced compensation?

What I assume is that since it is not stated, 54D being a beneficial section should be interpreted liberally and deduction of enhanced compensation shall be allowed a setoff. And additionally 54D shall be allowed 3 years from the date of receipt of enhanced compensation. (Various court cases say that in case of any section benefical to the assessee should be construed liberally).

i know that till 3 years enhanced compensation shall be set off.. but d assessee will hav to invest again na in those 3 years?  when he has already invested in land once after receivin original compensation , for taking exemption in enhanced compensation, assessee  will have to invest again (frm capital gains scheme acc in which d enhanced comp will be deposited) in something to take exemption


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