Short term capital gain tax:sale of house property

1447 views 5 replies

Hi All,

I had brought a property in Dec 2010 for 50 lacs with 42 lacs as loan and a monthly EMI as 40K. After rate increase most of installment went towards the interest payment. I am looking forward to disposing the flat for 60 lacs but I guess I will incur short term capital gain tax on the extra 10 lacs and the tax benefits I had availed will be reversed too.

Is there any way I will be able to save tax? Or is it recommended that I do not sell the house till I complete 3 yrs? I will be buying a new house after the sale of the house.

Thanks to everyone in advance!

 

Replies (5)

1. Short term capital gain will arise and it will be taxable.

2. Benefits taken under sec 80C will be reversed if the house is sold witin 5 years of purchase.

Agree with Manish Sir yes

it's better not to sell the home for 3 years ...in that way your capital gain would be atleast long term.......

Agree with learned member's

As u said you are planning to buy a new house,so it's wise to sell your property after 3 years so that you can claim exemption under section 54 as stated below

Long Term Capital Gain from the Transfer of Residential House Property (Section 54)
The exemption under the Section 54 is available only an individual or a HUF who transfers (or sells) a residential house/property that results in a long-term capital gain, and then invests the amount of gain in acquiring a new residential house. This exemption is available subject to fulfillment of the following requirements:
(i) The transferor shall be an individual or the HUF,
(ii) The asset to be transferred must be of long-term capital asset, being buildings or lands appurtenant thereto, being a residential house,
(iii) The income from such residential house shall be assessable under the head "Income from House Property",
(iv) The transferor assessee should purchase a residential house in India within a period of one year before or two years from the date of transfer or construct a residential house within three years from the date of the transfer of the original house. (Construction must be completed within these 3 years.), and
(v) The new house property purchased or constructed has not been transferred within a period of three years from the date of purchase or construction

Amount of Exemption. The amount of exemption under section 54 is
 

  • Equal to the amount of the capital gain if cost of new house property is more than the capital gain, or
  • Equal to the cost of the new house property if the cost is less than the capital gain

Thanks everyone!

If I take 50 lacs in cheque & remaining 10 lacs in cash would there be any problem with the IT department?

My buyer is saying that you cannot do that because you had already bought the flat in that amount 1.5 yrs ago and you need to show appreciation else you will come under scrutiny.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details