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Exemption u/s 54

Tax planning 470 views 2 replies

Ashwin Sharma

Partner

152 Points Joined July 2012

Assesse purchase (books a residential house) in March 2009 and gets possession in Dec 2010. He sells his another let out property in May 2010 with Long Term Capital Gain.

My query is, is he eligible for exemption u/s 54??

Catch is.,

New house should be purchased before one year from sale of property but he booked his house not in the time limit mentioned in sec 54. However he gets possession in Dec 2010. Can we consider purchase of new property to satisfy conditions of new peoperty?

Experts, pls advice.

Replies (2)

CA R SEETHARAMAN

CA Practice

147682 Points Joined September 2013

The date of possession should be taken as the date of purchase. Hence he is eligible for exemption u/s 54.

Tribhuvan Aditya Singh

Student as well as Self-employed

3710 Points Joined September 2007

date of agreement to sale/purchase or date of registration whichever is earlier is taken as date of transfer for computation of capital gains, so accordingly you cant claim exemption of sec 54....