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Section 54f

Tax queries 755 views 2 replies

I have a querry regarding the period during which the ne consideration is to be invested for consytruction of new house u/s 54F. as there are no doubts regarding purchase period so that point is not touhed upon.

U/s 54F an assessee has to construct a house within three years from date of sale. In one of the cases it was held that cost of construction also includes cost of land on which construction is undertaken. In another case it was also held that the time limit is for completion and not for commencement of construction i.e. constucrtion may even commence before sale of asset.

Now questions are:-

1. If the assessee has undertaken the construction before sale of trfrd asset and it is completed within contemplated period, whether the cosntruction cost shall be eligible to deuction u /s 54F

2. If yes whther construction cost incurred prior to date of trfr. of asset would also so qualify.

3. If yes and as stated above that construction cost includes cost of land also, whether land purchased prior to trfrd. asset would also form part of cost of construction.

please help to resolve the query

Replies (2)
The answer is yes to all the three.

Hello Sir,

I would like to give my opnion. Plz go through this case law: CIT vs. R. Srinivasan (2010) 45 DTR 208 (Mad.)

which says ., provisions of Sec 54F provides an option to assessee to invest even within the period of 1 year prior the date of transfer of original asset.

So, as per me construction cost will be included.

regards,

Harshal Vora


CCI Pro

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