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regarding 54f

Others 362 views 12 replies
if assesse owns two vacant plot and one flat
and now he wants to sell one plot and purchase another flat can he claim 54 f deduction
Replies (12)
Yes, you can claim exemption in 54F on sale of one plot and purchase another residential flat within 2 years from date of transfer.
that means vacant land (plot)is not included in the definition of residential house
yes not included in residential house
@ Kapil
Yes surely an assessee can claim deduction under section 54F.

However
If the entire sale proceeds of plot is not invested and only a part of the sale consideration of plot is invested, then the 54F benefit shall be proportionately allowed.
pravin u are wrong.
sec 54ec applies to a different section.
Please address your views to the querist .
please address my views to the querist.

1. Sec 54F comes into place only when there is a sale of a capital asset other than residential house and subsequently purchase of a residential house, then the same will be allowed as exemption u/s 54F. 
2. However, the exemption u/s 54F will be in proportion to the sale consideration and investments made. (SC/Invest) 
3. In your case it is a sale of a vacant plot which is not a residential house and subsequently purchased a residential house, thus it will qualify for exemption u/s 54F. 
4. Make sure the purchase was made within a period of 2 years from the date of sale. 
Please correct me if the above solution has an alternative view.

II think he can't claim 54F because he owns one flat already so as per provision he cannot hold 2 residential house on the date of transfer
Yes, Mr Rittick Agarwal is right on the date of transfer the assessee should not own more then one residential house

1. One of the pre-condition for claiming exemption u/s 54F is that assessee should not own more than one residential house at the time of transfer of original asset. 
2. In this case, you own only one residential house and thus satisfy the condition of "not more than one residential house". 
3. Exemption u/s 54F can be claimed in this case, proportionately to the investment made in the new residential house. 
Please correct me if the above solution has an alternative view. 

No house condition was there in 54F but upto AY 2019-2020.

In last Feb interim budget this condition of 54F has been relaxed and now from AY 2020-2021, even if you own one residential property , you can take benefit by purchasing second residential house.


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