Exemption 54 capital gain

Tax queries 2196 views 18 replies

Exemption will be lost if amt not deposited  before due date u/s 139(1)  + its proof also to be furnished with return 

the amount of capital gain shall be deposited in capital account scheme in anyu bank or institution. the proof of making CG account scheme shall be submitted along with return of income in order to avail the exemption...........

DUE DATE OF FILING OF RETURN: 31ST JULY OR 30TH SPTEMBER AS PER SECTION 139 (1). IN ORDER TO TAKE THE SECTION 54 EXEMPTION ONE HAS TO EITHER INCURRED THE LONG TERM CAPITAL GAINS AMOUNT FOR PURCHASE OR CONSTRUCTION OF NEW HOUSE PROPERTY WITHIN 2 YEARS OR 3 YEARS FROM THE DATE OF TRANSFER OR DEPOSIT THE AMOUNT INTO CAPITAL GAIN ACCOUNT SCHEME IN CENTRAL GOVT. ACCOUNT WITHIN SUCH 31ST JULY.IT IS NOT NESSESARY TO FILE THAT PARTICULAR  RETURN WITHIN 31ST JULY.THE INDIVIDUAL CAN FILE THE RETURN AFTER THE DUE DATE.BUT IT IS MANDATORY TO INCURRED SUCH AMOUNT OR DEPSOIT SUCH AMOUNT INTO CGDS ACCOUNT WITHIN 31ST JULY.OTHERWISE THE EXEMPTION CAN NOT BE CLAIMED.HOPE I CLARIFIED YOUR PEOBLEM.

In this context i have one Question.

If person has deposited Amount in Capital Gain Account Scheme before Due Date but he has not filed return of income.

Can he claim exemption ?

 


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