Problem in capital gain exemption 54f and 54

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one of our client has sold his long term capital asset long term asset  other than a residential property in oct -12 and has got the consideration arnd 1.77 crores and has acquired house of Rs. 2.29 crores in march-12 and thus has claimed exemption u/s 54F, which in  all phases satisfy the conditions of 54F...

Now after purchasing the residential house in march 2012 he has again sold A residential property (other than that purchased in Mar-12) in apr-12 and has long term capital gain of Rs. 40 lacs.

So can he claim exemption under section 54 against the long term cap gain of rs. 40 lacs on the sale of the residential property via purchase of the residential house in march-12 having the balance of 52 lacs....(2.29 crores - 1.77 crores). 

Replies (2)
No. The second event is seperate.
Originally posted by : paras mehta

one of our client has sold his long term capital asset long term asset  other than a residential property in oct -12 and has got the consideration arnd 1.77 crores and has acquired house of Rs. 2.29 crores in march-12 and thus has claimed exemption u/s 54F, which in  all phases satisfy the conditions of 54F...

Now after purchasing the residential house in march 2012 he has again sold A residential property (other than that purchased in Mar-12) in apr-12 and has long term capital gain of Rs. 40 lacs.

So can he claim exemption under section 54 against the long term cap gain of rs. 40 lacs on the sale of the residential property via purchase of the residential house in march-12 having the balance of


Mr. paras mehta you are doing totally wrong calculation of 52 lacs....(2.29 crores - 1.77 crores).

Common rule is that  EXEMPTION CANNOT EXCEED  the amount of capital gain

in your case u said that your client received rs 1.77 crores  as considerstaion then surely his capital gain is less then  that , and  he will enjoy full exemption when he acquirs new house of 2.29 crpres

 

now   no exemtion is left  coz already claimed in 1st case

 

 

bt the way  s54  gives exemtion  when  RESIDENTIAL HOSE PROPERTY  is bought by SELLING other RESIDENTIAL HOUSE PROPERTY

 

 

thanks :)

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