Section 54 applicability on sale deed registered after 2 years

Satish (Work) (111 Points)

21 June 2018  

Old flat sold on 5/5/2016.

Capital gain of Rs. 60 lacs deposited in CGAS account on 20/07/2017, well before the return filing due date.

Out of that 60 lacs in CGAS a/c, after deducting 1% TDS of 60,000,
59.4 lacs has been paid to the Seller through demand draft dated 3/5/2018.

Price of new flat - 60 lacs. But the new flat sale deed executed on 3/5/2018 but registered on 10/5/2018.

So registration is after the expiry of 2 yrs. from 5/5/2016.

No previous registered sale agreement. But have an unregistered sale agreement, executed on 100 rupees stamp paper dated 3/5/2018 confirming the receipt of the amount of 59.4 lacs from the Seller.

This is not an under-construction property.

Deduction under section 54 available?

5/5/2016 + 2 yrs = 5/5/2018. But money in CGAS a/c has been utilized by 3/5/2018 for purchase.