Exemption u/s 54f of the it act?

772 views 1 replies

 

When Capital Asset is converted into stock a Capital Gain arises when that stock is sold.

My query is whether an assesse can claim exemption u/s 54F by investing it in a residential house property?
Most impotantly are there any CASE LAWS ??? Circulars???
Replies (1)

Sec 54 F provides that "the capital gain arises from the transfer of a long term capital asset, not being a residential house and......". If u see the definition of capital asset u/s 2(14) it specifically excludes stock in trade. So going by these words, sec 54 F exemption cannot be claimed in your case.

But interestingly there is a case law "R.Gopinath (HUF) vs ACIT in the ITAT, Chennai Bench 'A' in the year 2010(133 TTJ 595)" where in a land is converted into stock in trade and the same has been sold to a builder who builds and hands over the property to the seller of the land and the seller(assessee) claimed deduction u/s 54 F and though it was contended by the AO, it was allowed by the ITAT. The point which i have said has not been considered at all anywhere in the case.

So u can claim and quote this law in case of any dispute.

Kindly correct me if i am wrong.

Regards

Prashanth.

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
16 June 2026
Sr. Associate / Assistant Manager | TAS / FDD

Boutique Investment Bank & Transaction Advisory Firm

Gurgaon

CA

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details