Exemption u/s 54

yes, u can claim exemption U/s 54 evenif u have taken loan from bank.

Dear Nagarajan Sir,

In first case exemption will be allowed u/s 54

But in the second case exemption will not be allowed since the house was acquired prior to 1 year before the date of sale..It has been held in the case of R.L. Sood that "Agreement to purchase is taken as the date of purchase for the purposes of Sec 54. And mere repayment out of the proceeds will not serve the purpose...

But if u have contructed the house & the fact that the commencement of construction preceeds the date of sale of House property then Exemption will be allowed if the construction is completed within 3 years from the date of sale of the House. This hasbeen held in a jusgement of H.K. Kapoor.

affirmative to both ur questions...!!!

Allowable as per case below:

S. 54 provides that if an assessee has LTCG on transfer of a residential house and he purchases or constructs a residential house within the specified period then the amount appropriated towards the new house shall be deducted from the LTCG. The assessee sold a house and used the sale proceeds to buy commercial property. Subsequently (but within the specified period) he borrowed funds and purchased a new house. The AO denied deduction u/s 54 on the ground that the new house had been purchased out of borrowed funds and not out of the consideration received for the old house. On appeal, the Tribunal and High Court upheld the claim on the ground that s. 54 merely required the purchase of the new house to be within the specified period. The source of funds for the purchase was irrelevant.

CIT vs. Dr. P. S. Pasricha (Bombay High Court)