Income tax(capital gains)

 The amount of the capital gain which is not appropriated by the assessee towards the purchase of the new asset made within one year before the date on which the transfer of the original asset took place, or which is not utilised by him for the purchase or construction of the new asset before the date of furnishing the return of income under section 139, shall be deposited by him before furnishing such return [such deposit being made in any case not later than the due date applicable in the case of the assessee for furnishing the return of income under sub-section (1) of section 139] in an account in any such bank or institution as may be specified in, and utilised in accordance with, any scheme³⁷ which the Central Government may, by notification in the Official Gazette, frame in this behalf and such return shall be accompanied by proof of such deposit; and, for the purposes of sub-section (1), the amount, if any, already utilised by the assessee for the purchase or construction of the new asset together with the amount so deposited shall be deemed to be the cost of the new asset :

Provided that if the amount deposited under this sub-section is not utilised wholly or partly for the purchase or construction of the new asset within the period specified in sub-section (1), then,—

           (i)  the amount not so utilised shall be charged under section 45 as the income of the previous year in which the period of three years from the date of the transfer of the original asset expires; and

          (ii)  the assessee shall be entitled to withdraw such amount in accordance with the scheme aforesaid

the opinion of Mr. Sampat Jain is right

if  the amount deposited in the Capital gains scheme is not utilised within the specified time limit,

then the whole of the amount which is not utilised is chargable to Capital Gains tax.

Here the whole of amount is not utilised and thus whole amount is taxable.

But as you have written that you have deposited Sold consideration in the scheme then it may be possible that capital gain is lesser than the aforesaid amount....

plz clarify that if you have deposited whole of the sales consideration or only the capital gains part....so that i may help you more...

Sir,

he has deposited whole of the sale consideration.  Now, my question is, at present, he is not willing to buy any new assets and he wants to withdraw such deposits.  Will it attract capital gains tax? if so, how and howmuch?

hi dear,

he cannot withdraw such deposit, without getting it taxed , tax will be charged on capital gain amount, not on whole withdrawal

then capital gains tax must be paid if he do not purchase any assets.........

but tax must be paid on the capital gains and not on the sales consideration.