Section 54 for construction

hi suppose an individual has sold his residential property and wants to invest the proceed in construction of residential property. what is the time limit to claim the deduction and should he keep the proceeds in separate bank account or can he just make term fixed deposits and use the fund as and when needed.

please clarify
thanks
shashi kiran
Replies (2)
Quick Summary
If you've sold a residential property and plan to invest the proceeds in building a new one, Section 54 of the Income Tax Act may apply. You generally have three years from the date of the original sale to complete the new construction. It's advisable to deposit any unutilised gains into the Capital Gains Account Scheme (CGAS) before your tax return deadline. Costs incurred for construction before the sale can be included if the project is finished within the three-year timeframe, and land purchased within specific windows around the sale date can also be factored in.

  1. THREE years from the sale of the residential property.
  2.  Should be deposited to CGAS, 1988 acc.

Sec 54 for construction:
• If you sell a residential house and construct a new one within 3 years from the date of sale, Sec 54 applies. Construction can start before the sale. Courts allow costs incurred before the sale if construction completes within 3 years after.
• Land cost for the new construction: if the land is bought within the window (1 year before or 2 years after) as part of construction, it's included. Land bought much earlier isn't.
• Deposit unutilised gains in the CGAS before the ITR due date.

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