banner_ad

Sec 54f of the income tax act

293 views 2 replies

Property in the name of wife is sold and the new property is purchased in the name of husband and wife for constructing a house. In this case, is it possible to claim exemption u/s 54F

Replies (2)
yes it can be purchased

1. As per sec 54F exemption will be available for a sale of a capital asset and purchase residential house property within a specified period.  
2. The above section says that an assessee should have purchased within 2 years after or 1 year before the date of sale or constructed a residential property within a period of 3 years.  
3. The provision clearly says assessee should have purchased or constructed. From a plain reading, it can be said the house property should be in the name of the assessee. 
4. But referring a case law Shri Vivek Jain Vs. DCIT (ITAT Jaipur) where the decision was in favor of the assessee where the sale consideration of a capital asset was used to purchase a property in his wife's name. The exemption cannot be denied merely because the property was purchased in assessee's wife and exemption provisions are to be interpreted liberally and not from a strict angle. 
5. In conclusion, based on the above case law exmeption, u/s 54F will be available even if the property was purchased in the name of his wife. 
Please correct me if the above solution has an alternative view. 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
26 May 2026
Education Content Creator

Adyayam Education LLP

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
14 May 2026
Financial Analyst - Remote Finance Expert

HiringBridge

Ahmedabad

CA

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details