Tax break us 54 on ltcg arising on sale of 2 residential houses and buying 1singleresidential house


Amit Gupta   21 July 2019

Amit Gupta

 3 points

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Respected Experts,

I have sold a Residential House at Delhi/Ncr on 25/3/17 for 70L,indexed cost of acquisition being 20L,Thus Ltcg being 50L(On this date i am also owning another residential house in delhi Ncr).I invested this 50L in CGAS on 15/6/17

On 25/3/2018 i also sold my other Residential House at Delhi/Ncr for 90L,indexed cost of acquisition being 30L,Thus Ltcg being 60L .I invested this 50L in CGAS on 15/6/18.

So now i have 50L in one Cgas account for residential property sold in 16-17,And have 60L in another Cgas account for another residential property sold in 17-18

Now i intend to buy a single new residential property in  Delhi/Ncr on 5/1/2019 for 1.1CR by clubbing the Ltcg saved in both the Cgas accounts.Will this be accepted by IT and will my both Ltcg arising out of Sale of 2 different residential houses in 2 different financial years be EXEMPTED AND TAX FREE for me as i have sold 2 houses and bought 1 single house(where value of new house=Ltcg of house1 +Ltcg of House 2)??

Will IT restrict the deposit of Ltcg of house 1 in CGAS on 15/6/17 as on that date i am already the owner of another residential house property in my own name?

 

PLEASE ADVISE WITH CRISP EXPLANATION WETHER SUCH CLUBBING WILL MAKE MY LTCG TAX FREE UNDER SEC54 OR IS THERE ANY FLAW IN IT AND LTCG CAN BE CLAIMED TO BE TAXABLE BY THE ASESSING OFFICER

 

Many Regards & Thanks in Anticipation

A Confused Tax Payer & House owner

 

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Amit Gupta   29 July 2019

Amit Gupta

 3 points

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Respected Experts, I have sold a Residential House at Delhi/Ncr on 25/3/17 for 70L,indexed cost of acquisition being 20L,Thus Ltcg being 50L(On this date i am also owning another residential house in delhi Ncr).I invested this 50L in CGAS on 15/6/17 On 25/3/2018 i also sold my other Residential House at Delhi/Ncr for 90L,indexed cost of acquisition being 30L,Thus Ltcg being 60L .I invested this 50L in CGAS on 15/6/18. So now i have 50L in one Cgas account for residential property sold in 16-17,And have 60L in another Cgas account for another residential property sold in 17-18 Now i intend to buy a single new residential property in Delhi/Ncr on 5/1/2019 for 1.1CR by clubbing the Ltcg saved in both the Cgas accounts.Will this be accepted by IT and will my both Ltcg arising out of Sale of 2 different residential houses in 2 different financial years be EXEMPTED AND TAX FREE for me as i have sold 2 houses and bought 1 single house(where value of new house=Ltcg of house1 +Ltcg of House 2)?? Will IT restrict the deposit of Ltcg of house 1 in CGAS on 15/6/17 as on that date i am already the owner of another residential house property in my own name? PLEASE ADVISE WITH CRISP EXPLANATION WETHER SUCH CLUBBING WILL MAKE MY LTCG TAX FREE UNDER SEC54 OR IS THERE ANY FLAW IN IT AND LTCG CAN BE CLAIMED TO BE TAXABLE BY THE ASESSING OFFICER Many Regards & Thanks in Anticipation A Confused Tax Payer & House owner Read more at: https://www.caclubindia.com/forum/tax-break-us-54-on-ltcg-arising-on-sale-of-2-residential-houses-and-buying-1singleresidential-house-521582.asp

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Dhirajlal Rambhia (KVO Merau Kutchh)     29 July 2019

Dhirajlal Rambhia
KVO Merau Kutchh 
 8809 likes  90560 points

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1. There is no restriction over number of house property held on the date of selling any house property and claiming exemption u/s. 54 of IT act.

2. There is no restriction over LT Capital gains from sell of two or multiple house property invested in  one house property to claim exemption u/s, 54 of the act.

Refer: https://www.business-standard.com/article/pf/selling-two-houses-club-the-gains-112081200023_1.htm l


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