Section 54F in case of home loan

Tax queries 412 views 3 replies

Taxpayer has LTCG from equity (mutual funds/shares), and also buys his first Home in the same financial year. Date of sale of shares was before the purchase of first home.

Now, the home purchase is financed by 90% home loan.

I read few past cases, and I found that 

1) Money is fungible. Same money need not be invested.

2) Funds can be borrowed too. It is not mentioned in 54F, that you can not take home loan. I can share links of the same- 

https://timesofindia.indiatimes.com/business/india-business/itat-rules-capital-gain-exemption-available-even-if-housing-loan-is-used-for-new-house/articleshow/70581688.cms

https://taxguru.in/income-tax/section-54f-source-funds-irrelevant-possession-date-purchase-date.html

https://taxguru.in/income-tax/section-54f-exemption-on-investment-out-of-borrowed-funds-in-the-name-of-karta-by-huf-on-renovation-of-existing-unit.html

https://abcaus.in/income-tax/section-54-exemption-not-require-utilisation-of-sale-proceeds-of-original-capital-asset.html

Can LTCG be adjusted against property buy value (1st home), if one has taken home-loan to purchase the house?

Replies (3)
Sec 54F DOES NOT APPLY FOR HOME LOAN CASES.
Section 54F is applicable only if new LTCA is purchased out of proceeds of existing LTCAs
Long term gains arising from sale of capital asset can be set off against 54EC , SEC 54F SUBJECT TO APPLICABLE CLAUSES.


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