banner_ad

U/s 54b of it act

Tax queries 511 views 1 replies

 

Dear Respected

Hi, My Assessee had ancestral agriculture land, Which was Urban Agriculture Land at the time of sale in October 2008 for Rs. 1,11,01,000/-, land bought by assessee's father in 1970's for Rs. 10000/-, assessee's father passed away in 2005, hence assessee's mother & assessee & assessee's 4 brothers are share holder in the said land at the time of sale. Sales deed has been done by all family members. Family is still undivided as it was at the time of selling their parental land. Further agricultural lands for Rs. 57 Lacs were purchased by the family members in the name of mother in 2009 & the remaining amount of Rs. 54,,01,000/- is used for construction of parental house in 2009, in which the whole family resides.

Now arise the question that, Deduction of 54B will be allowed to assessee's & assessees brothers? Because all the above purchase deeds for Rs. 57 Lacs are in the name of assessee's mother. 

Assessee's & Assessee's mother & assessee's 4 brothers cases was selected for scrutiny as Individual Status and are under consideration before ITO.

Kindly guide on said matters

Waiting for essential reply

 

 

Replies (1)

House purchased in the name of assessee's mother canot be taken as exemption u/s 54b.Only assessee's mother can take that exemption in respect of purchased land.

Secondly The sale consideration is Rs 1,11,01,000.00 and total benificial members are 6  who received sale consideration of his share. Total consideration of Rs 5700000.00 was invested in construction of ancentral house at which all they are staying.Hence they all 6 members can claim Rs 950000.00 as exemption u/s 54f if it was invested within time specified therein.

Capital gain in respect of one member is Rs 1850166.00 around excluding COA  .Consider COA while capital gain as COA on 1970 or 1981 which ever is higher i.e. 11101000/6  -COA indexed which i think not a big figure.So tax on above will be maximum of Rs 381134.00 if the assessee has other source of income. Otherwise the amount of tax will be low than above.SO Each member can claim exemption of Rs 950000.00 restricted to capital gian.No need to consider the land purchsed in the name of asseessee's mother....

 

Correct me if i  am wrong...


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details