Sec 54 of income tax act

779 views 3 replies

Anybody Pls Tell,

When Advance Tax on LTCG is to be paid then how can one take benefit of exemption u/s 54 which says that amount of LTCG can be invested in purchase or Cons of Resd. House property in next 2/3 years.....????

Replies (3)

dear you are mixing two different provisions of Income tax Act.

These are two different things, applicable in different situation.

Dates of payment of Advance tax  are normally once in 3 months, whereas as per Section 54, there is no minimun time of investment. Hence, if person invested the amount before the due date of advance tax, he is not liable to pay advance tax.

moreover, if a person invests after payment of advance taxl, he is eligible to claim refund.

Thanx Ashish...But my ques is suppose the person does not invest the amount of LTCG in const / purch for next 1 year but decides to invest the amount in the second year in that case how can he avail the benefit in the year of actual sale....Doesn't he has to pay the advance tax on it in year of actual sale????

He may do two things in that case:-

1) Pay tax & then claim refund

2) File return without paying tax and without claiming deduction -- then file revised return.

But 2nd option is little bit risky because if revenue issues any notice before filling revised return, then the assesse can not file revise return, as the time limit prescribed u/s 139(5) expires.

 

Thanks for your question, it's a good question.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

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
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details