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Exemption on capital gain

Sunil Mohapatra (Services) (33 Points)

19 July 2010

Exemption claimable - if purchase agriculture land from arising capital gain on sales of residential property ?

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Joshua (Self Employed) (106 Points)
Replied 19 July 2010

Under Section

Allowed Assessee

Conditions to be satisfied

Quantum of exemption

Individual/HUF

1. Transfer should be of a residential house

income of which is chargeable under the

head ‘Income from house property’.

2. It must be a long-term capital asset.

3. Purchase of another residential house

should be within one year before or 2

years after, or construction should be

within three years after the date of

transfer.

Actual amount invested in new asset or the capital gain whichever is less.

54B

Individual

1. Transfer should be of agricultural land.

2. It must have been used in the 2 years

immediately preceding the date of

transfer for agricultural purposes either

by the assessee or his parent.

3. Another agricultural land should be

purchased within 2 years after the date of

transfer.

See : Factor determine when an agricultural land is capital asset or not for calculation of capital gain tax.

—do—

54D	Any assessee which is an industrial undertaking	1. There must be compulsory acquisition. 2. The property compulsorily acquired should be land and building forming part of an industrial undertaking. 3. The asset must have been used in the 2 years immediately preceding the date of transfer of the assessee for the purpose of the business of the undertaking. 4. Within a period of 3 years after the date of compulsory acquisition any other land or building should be purchased or constructed for the use of existing or newly set up industrial undertaking.	Actual amount invested in new asset or the capital gain whichever is less.
54EC	Any assessee	1. The asset transferred should be a long- term capital asset 2. Within a period of 6 months after the date of transfer, the capital gain must he invested in the specified assets i.e. bonds redeemable after 3 years issued by NHAl or RECL.	Actual amount invested in new asset or the capital gain whichever is less. However, maximum amount which can be invested in any financial year cannot exceed Rs. 50,00,000
54F	Individual/HUF	1. The asset transferred should be a long- term capital asset, not being a residential house. 2. Within a period of I year before or 2 years after the date of transfer, a residential house should be purchased or constructed within a period of 3 years after the date of transfer. 3. The assessee should not own more than one residential house on the date of transfer. 4. The assessee should not within a period of one year purchase or should not within a period of 3 years construct any residential house other than the new asset.	If the cost of the new residential house is not less than the net consideration then the whole of the capital gain. Otherwise, Ami. invested ITCG x—————– :——- Net consideration price
54G	Any assessee being an industrial undertaking	1. Machinery, plant, building, or land used for the business of an industrial undertaking situated in an urban area should have been transferred. 2. Transfer should be due to shifting to any area other than an urban area.	If the cost of the new assets and expenses incurred for shifting are greater than the capital gain, the whole of such capital gain. Otherwise capital gain to the extent

3. Within a period of 1 year before or 3 years after the date of transfer purchased machinery, plant or acquired building or land or constructed building and completed shifting to the new area.

of the cost of the new asset.

54GA

Any assessee being an industrial undertaking

1. Machinery, plant, building, or land used

for the business of an industrial

undertaking situated in an urban area

should have been transferred.

2. Transfer should be due to shifting to any

Special Economic Zone whether

developed in any urban area or any other

area.

3. Within a period of 1 year before or 3