Long term capital gains sec 54

1129 views 4 replies

Dear friends,

I had sold a residential property in Oct 2011.

Currently I have invested the capital gains amount in SBI LTCG account.

I wanted to know:

1. What is the deadline to purchase a new property to avoid LTCG tax ?

2. Do I have to re invest in residential or I can invest in Commercial ?

3. How many years I have to hold the new purchased property ( Is it from time of possession or from booking i.e allotment letter)

Please advise and oblige !!

Thanks in advance

Replies (4)

Mr.Jatin..

Your case will come under Sec.54..

1).  What is the deadline to purchase a new property to avoid LTCG tax ?

       The new Residential property should be purchased within 2 years from the date of Transfer (Since Capital Gains is invested in CGbonds within the due date of filing return).

2).  Do I have to re invest in residential or I can invest in Commercial?

      It should be invested in Residential House property.

3).  How many years I have to hold the new purchased property ( Is it from time of possession or from booking i.e allotment letter)

      The New Residential House should not be transferred within a period of 3 years form the date of its purchase. If transferred, then the exemption previously granted will be withdrawn. 

ITAT New Delhi in case of Praveen Gupta vs ACIT[137 TTJ 307] held that the allotment date of flat by builder is the date from which indexation is to be computed for the cost of acquisition. In other words , it held that the date of allotment is the date from which the period of holding is to be counted.

Thanks Balaji !!

Always Welcome Mr.Jatin...

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