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Exemption u/s 54f of the i.t act

Tax queries 796 views 3 replies

I have a little bit of doubt regarding Sec 54 F of the I.T Act. I am trying to portray my doubt in a way of Real Case study.

Mr A. was holding a land in his name from the year 2005.

Apart from the above asset, he was holding a Self occupied Property from 1999 onwards.

Now in the year 2013, he sold the above land and earned Income from Capital Gain for the same ( Say, 5 L).

Now to exempt the same gain, he will have to invest the same and claim under Section 54 F.

Now the problem is, that apart from the above 2 Assets , he has also made an investment in a property in the year 2010, i.e. Paid Rs. 10 L as "Construction of the New Property X".

Section 54 F says that "To avail the benefit of Sec 54 F, A New Residential Property to be purchased within 1 year before the date of transfer or 2 years after the date of transfer" 

Now, the question is whether Mr A can deposit the Capital Gain arose on the Sale of Land (i.e. Rs. 5 L ) on the "Construction of the New Property X" 

(The amount paid on the "Construction of the New Property X"  has still not been handed over to Mr A for the possession.)

Replies (3)

Wheter the consturction of the property complete or is it still under construction.

The Property is still under COnstruction

So there are no issues in claiming the exemption, since the sections says that the property shud be purchased whihc shud be readily available.

In your case the property is still under construction, so you can very well invest the sale proceeds in the construction of property and claim exemption u/s 54F provided that the construction is complete within 3 years from the date of transfer taking place.


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