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Section 54 provisions and interpretation

Tax queries 1792 views 4 replies

Buying property from Capital Gain from House Property :

As per Section 54 of income tax,  the capital gain can be invested in another house under construction.

It is mentioned that new house should be purchased within two years or should be constructed within 3 years.

If a under-construction flat is booked then it will be treated as purchase or constuction? 2or 3 years period allowed ?

If the developer/construction firm agrees to give the possession within the stiputated period of 2/3 years, however could not complete the construction, even though he received full amount of the flat, then what are the tax implications ? Whether tax benefit under section 54 vanishes under such case ?

Replies (4)

Sec. says the property should be constructued or purchased with in 3/2 yrs from the date of transfer..........

if under-construction flat is purchased, then it will be treated as constructed as in CIT vs Uma Budhia [2004] 141 Taxmann 39 (Kol.) (Mag.).......it was held that construction can be done by third party on behalf of assessee. Purchasing under-construction flat is getting construction done through third party......limit of 3 yrs shall apply and it has to be constructed within 3yrs. otherwise, sec. can't help........

Yes,  I am agree with Mr. Ashish.  It will be considered as construction and your time frame is 3 years.

thanx........

i agree with ashish


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