Section 54F deduction - GST and Stamp Duty cost whether allowed in , investment in residential house

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One assessee has purchase new residential property for section 54F benefit. Whether GST and Stamp Duty Paid on New Flat is allowed as deduction ?

 

Scenario (hypothetically speaking)..Claiming sec 54F as did not buy property when sold AV shares last time and paid taxes

- Presume  sold  shares totaling Rs. 100 
- I bought new residential property for Rs. 97
- I paid  stamp duty of Rs.8 to  governement acquire residential property
- I paid  brokerage to a broker of Rs.2 to acquire residential property

I need to understand whether I can claim stamp duty + brokerage as cost of acquisition.. so my total acquisition cost is 97 + 8 + 2 = 107

Which means I have fully invested the entire amount as shares were sold at 100.

Again need to understand from Sec54F point of view my property acquisition cost is 107 (including stamp duty & brokerage ) or Rs 97 ?

PS: In AIS/TIS property cost is shown as Rs.97 without stamp duty & brokerag

Replies (1)

Yes. For Section 54F, the cost of the new residential house includes not only the purchase price but also incidental expenses directly attributable to its acquisition, such as stamp duty, registration charges, brokerage and GST (where borne by the purchaser and not recoverable). Accordingly, in your example, the investment would be ₹107 (₹97 + ₹8 + ₹2). The fact that AIS/TIS reflects only ₹97 does not restrict your claim, provided you have proper documentary evidence for the additional acquisition expenses.

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